WCPanelIQ
PanelMed-legalDenied

Osik Khatchatrian — ADJ10795207

OSIK KHATCHATRIAN, Applicant vs. MACY'S, INC. dba BLOOMINGDALE’S, permissibly self-insured, administered by, SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ10795207
Decision date
Feb 28, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering Macy's, Inc. dba Bloomingdale's, permissibly self-insured)
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: right ankle, left knee, head, left ear, psyche, right knee, left ankle, stomach, dental system

LC §5952

Summary

Applicant Osik Khatchatrian sought reconsideration of a December 7, 2020 Findings of Fact and Award in which the WCJ found she sustained industrial injury AOE/COE to her right ankle and left knee from a February 17, 2015 specific injury, but did not sustain injury to her head, left ear, psyche, right knee, left ankle, stomach, and dental system. Applicant argued the findings were premature because a later-filed cumulative injury claim (ADJ13745219, alleging injury from June 15, 2019 to June 15, 2020) might overlap with the specific injury findings and that the F&A should be set aside pending further discovery. The Board denied reconsideration, finding the F&A was supported by substantial evidence based on the AME orthopedic report of Dr. Silbart and the ENT report of Dr. Berman, both addressing only the 2015 specific injury. The Board found applicant failed to explain how a later cumulative injury claim undermined the substantiality of evidence on the 2015 specific injury or impaired her ability to pursue the cumulative claim.

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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