WCPanelIQ
PanelQMEMed-legalDenied

Liliana Izdrea — ADJ12990134

LILIANA IZDREA, Applicant vs. ALLIED UNIVERSAL SECURITY; XL INSURANCE, administered by ESIS, Defendants

ADJ number
ADJ12990134
Decision date
Mar 7, 2021
District office
Anaheim
WCJ
Nancy M. Gordon
Claim administrator
ESIS, Inc. (administering XL Insurance)
Commissioners
—

Injury / body parts: eyes

CCR §10945

Summary

Liliana Izdrea, a 50-year-old security guard representing herself pro per, claimed she sustained an eye injury on 5/1/2019 when wind blew debris into her eyes while working for Allied Universal Security. After trial, the WCJ found on 12/14/2020 that applicant failed to meet her burden of proving injury arising out of and in the course of employment (AOE/COE), relying heavily on Panel QME Dr. Jonathan I. Macy, who diagnosed dry eyes and refractive error with presbyopia that he found developmental and non-industrial. Applicant petitioned for reconsideration alleging fraud, insufficient evidence, newly discovered evidence, and sought to raise new untried issues such as discrimination and wrongful termination. The WCJ recommended denial because the new documents violated CCR §10945, no good cause was shown for failing to obtain evidence earlier, and the new issues were not set for trial. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.