WCPanelIQ
PanelQMEMed-legalDenied

Maura Evelia Flores — ADJ10725201

MAURA EVELIA FLORES, Applicant vs. JAKINA, INC. dba SCHWARTZ BAKERY and NATIONAL LIABILITY & FIRE INSURANCE COMPANY, administered by GUARD INSURANCE, Defendants

ADJ number
ADJ10725201
Decision date
Mar 31, 2021
District office
Anaheim
WCJ
—
Claim administrator
GUARD Insurance (administering National Liability & Fire Insurance Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: thoracolumbar spine, right shoulder, right elbow, right forearm/upper extremity (radial tunnel syndrome), right wrist/hand (carpal tunnel syndrome), both knees, left elbow (claimed, not found)

LC §5814LC §5952LC §4650

Summary

Applicant Maura Evelia Flores, a dishwasher, claimed multiple injuries from a fall at work on November 30, 2016. The WCJ found injury AOE/COE to her thoracolumbar spine, right shoulder, right elbow, right forearm (radial tunnel syndrome), right wrist/hand (carpal tunnel syndrome), and both knees, awarded 31% PD, TTD from December 1, 2016 through February 9, 2018, future medical care, and Labor Code section 5814 penalties for unreasonable failure to pay TD and PD. Defendant sought reconsideration, arguing QME Dr. Geiger's opinions were not substantial evidence and that its failure to pay benefits was not unreasonable. The Board denied reconsideration, finding Dr. Geiger's reports and deposition testimony constituted substantial evidence, the WCJ's credibility determinations were entitled to great weight, and defendant offered no evidence to rebut TD/PD or to explain its failure to pay benefits, supporting the penalty award.

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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