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Cecilia Hernandez De Moreno — ADJ10586674

CECILIA HERNANDEZ DE MORENO, Applicant vs. AMY’S KITCHEN; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number: ADJ10586674
Decision date: Aug 29, 2022
District office: San Francisco
WCJ: —
Claim administrator: Travelers Property Casualty Company of America
Commissioners: —

Injury / body parts: neck, back, right shoulder, psyche (claimed)

LC §5502LC §4660.1LC §4656LC §4062.1LC §4062.2LC §4650CCR §35.5

Summary

Applicant, a janitor employed by Amy's Kitchen, sustained an industrial injury on July 31, 2015 to her neck, back, and right shoulder, resulting in a 29% permanent disability award and further medical treatment. Applicant sought reconsideration of the June 29, 2022 Findings and Award, contending the WCJ erred by not admitting a January 4, 2021 PQME orthopedic report and by failing to develop the record with a psyche QME panel. The Board found applicant failed to allege a psyche injury in her applications, never requested a psyche panel despite multiple opportunities, and only sought a psyche QME panel eight days after submission, without explaining diligence or good cause. The Board also noted the existing general medical treatment award would allow enforcement of future psyche treatment if shown to be industrial, and addressed a minor attorney fee specification issue. The Petition for Reconsideration was denied.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.