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PanelQMERemanded

Ramirez, Elideth Balderrama

ELIDETH BALDERRAMA RAMIREZ, Applicant vs. HOTCAKES NO 6 INC IHOP 817; PREFERRED EMPLOYERS SAN DIEGO, Defendants

ADJ number: ADJ11298015
Decision date: May 26, 2025
District office: San Diego
WCJ: —
Claim administrator: Preferred Employers Insurance (San Diego)
Commissioners: PAUL F. KELLY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: back

LC §139.48LC §5412CCR §17302CCR §17309CCR §10133.54

Summary

Applicant sustained a specific back injury on January 17, 2018 and a cumulative trauma back injury from April 20, 2017 to April 20, 2018, both while working for IHOP. After receiving a SJDB voucher for the specific injury, she obtained a $5,000 RTWSP benefit on January 15, 2021. She later received a second SJDB voucher for the cumulative trauma injury and applied for a second RTWSP benefit, which RTWSP denied under Rule 17302(b). The WCJ found applicant precluded from a second benefit. The Board rescinded the Findings and Order and remanded because no finding had been made as to the date of injury of the cumulative trauma under Labor Code section 5412, which is necessary to determine whether the exception in Rule 17302(b) applies.

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.