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PanelQMERemanded

Paulina Gonzalez — ADJ8878645

PAULINA GONZALEZ, Applicant vs. SERVICON SYSTEMS, INC., UNITED STATES FIRE COMPANY, administered by CRUM & FORSTER, Defendants

ADJ number: ADJ8878645
Decision date: Apr 5, 2021
District office: Los Angeles
WCJ: Leonard J. Silberman (Arbitrator)
Claim administrator: Crum & Forster (administering United States Fire Company)
Commissioners: DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: low back, headaches

LC §5900

Summary

Applicant Paulina Gonzalez had a prior 2014 Findings and Award finding 16% permanent disability based on PQME Dr. Hose Kim. She filed a timely petition to reopen for new and further disability. Arbitrator Silberman summarily denied the petition based on a 2019 report from treating physician Dr. Chon, reasoning that the case had been pending long enough and citing a 'right to a speedy trial.' The Appeals Board granted reconsideration and rescinded the denial, finding the Arbitrator created no proper trial record (no EAMS record), issued no Opinion on Decision, mischaracterized Dr. Chon's report, and relied on a report that did not constitute substantial evidence on new and further disability. The matter was remanded for further development of the medical record and creation of a proper trial record.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.