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Maria Herrera Aka Maria Bautista — ADJ11389287

MARIA HERRERA aka MARIA BAUTISTA, Applicant vs. OS4LABOR dba RALLY STAFFING INVO PEO, INC.; BENCHMARK INSURANCE COMPANY, Defendants

ADJ number
ADJ11389287
Decision date
Mar 28, 2021
District office
Marina del Rey
WCJ
—
Claim administrator
Benchmark Insurance Company
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: arms, shoulders, elbows, wrists, hands, fingers, back, lumbar spine

LC §5401LC §3202

Summary

Applicant Maria Herrera, a temporary janitor employed for about 20 weeks, claimed cumulative trauma injuries to multiple body parts (arms, shoulders, elbows, wrists, hands, fingers, back, lumbar spine). Defendant timely denied the claim. After trial on AOE/COE, post-termination defense, and Labor Code §5401, the WCJ found applicant take nothing, relying on PQME Dr. Shail Vyas's opinion that there was insufficient length of employment to develop a cumulative trauma and finding applicant not credible. Applicant petitioned for reconsideration arguing Dr. Vyas's report was not substantial medical evidence on four grounds and that he applied an incorrect legal theory. The WCAB adopted the WCJ's report, gave great weight to the WCJ's credibility determinations under Garza, and denied reconsideration.

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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