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Triveia Daire — ADJ10215937

TRIVEIA DAIRE, Applicant vs. INGLEWOOD UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by KEENAN & ASSOCIATES, Defendants

ADJ number
ADJ10215937
Decision date
Feb 11, 2021
District office
Van Nuys
WCJ
—
Claim administrator
Keenan & Associates (administrator for permissibly self-insured Inglewood Unified School District)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: neck, back, right ankle, GERD, lupus, Sjogren's Syndrome, psyche (claimed), head (claimed), bilateral shoulders (claimed), bilateral wrists (claimed), bilateral ankles (claimed), bilateral feet (claimed), lower extremities (claimed), hypertension (claimed), diabetes (claimed), sleep disorder (claimed)

LC §4656LC §5952LC §5701LC §5906

Summary

Applicant Triveia Daire, a special education instructional aide, sought reconsideration of a Joint Findings and Award that found various accepted injuries but denied a psychiatric injury claim and limited her temporary disability period. The WCJ's denial of psychiatric injury was based on internal medicine-rheumatology QME Dr. Fisher's summary of a psychiatric QME report by Dr. Botros, which was never admitted into evidence. The Board held that a decision cannot rest on evidence not in the record, and that one specialist's summary of another specialist's report in a different field does not constitute substantial evidence. The Board granted reconsideration, rescinded the F&A, and remanded for development of the record and issuance of a new decision.

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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