WCPanelIQ
PanelDenied

Samana Kassamali — ADJ1082010, ADJ1958378

SAMANA KASSAMALI, Applicant vs. KIDANGO, INC.; NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, Defendants

ADJ number
ADJ1082010, ADJ1958378
Decision date
Mar 29, 2021
District office
Oakland
WCJ
—
Claim administrator
National Liability and Fire Insurance Company
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: head, neck, nose

LC §5814LC §5900LC §3202.5LC §3208.3LC §5904CCR §10974

Summary

Self-represented applicant Samana Kassamali, a preschool teacher, sustained two industrial physical injuries (head/neck in 2007 and nose in 2006), both settled by Compromise and Release in 2017. At trial, the WCJ found applicant was not entitled to further medical mileage reimbursement (defendant had actually overpaid based on applicant's own exhibits), but assessed Labor Code section 5814 penalties for unreasonable delay in mileage payments plus 10% interest. Applicant petitioned for reconsideration seeking additional mileage for medical treatment visits and for psychological counseling sessions. The Board affirmed the WCJ's decision in its entirety, finding the new mileage logs and counseling records attached to the petition failed to meet WCAB Rule 10974's newly-discovered-evidence requirements and that there was no finding or substantial medical evidence of a compensable psychiatric injury to support mileage for counseling.

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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