WCPanelIQ
PanelQMEMed-legalDenied

Marbely Uriarte — ADJ11372274

MARBELY URIARTE, Applicant vs. LOS ANGELES COUNTY DEPARTMENT OF SOCIAL SERVICES, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ11372274
Decision date
Mar 10, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for permissibly self-insured Los Angeles County Department of Social Services)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: psyche/psychiatric, head, neck, back, shoulders, stomach, respiratory system

LC §5902LC §5952LC §5813CCR §10421

Summary

Applicant Marbely Uriarte, an intermediate clerk, claimed a psychiatric/stress injury and physical injuries during her employment with the Los Angeles County Department of Social Services. The WCJ found she did not sustain injury AOE/COE, relying on the report of psychiatric QME Dr. Perry Maloff, who concluded that 100% of her psychiatric disability was attributable to nonindustrial preexisting conditions (prolonged grief disorder and persistent depressive disorder). Applicant sought reconsideration, arguing Dr. Maloff's report was not substantial evidence. The WCAB denied reconsideration, finding Dr. Maloff's report constituted substantial evidence based on an adequate history, examination, and reasoning, and noting that several of applicant's arguments misrepresented the trial record. The Board also addressed the unverified Petition but declined to dismiss on that basis.

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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