Home/Case Law/Zoila Barrientos Hernandez vs. Kellermeyer Bergensons Services, Zurich American Insurance Company, Gallagher Bassett
Regular DecisionWorkers' Compensation

Zoila Barrientos Hernandez vs. Kellermeyer Bergensons Services, Zurich American Insurance Company, Gallagher Bassett

Filed: Jan 20, 2016
Los Angeles
ADJ9096097

CompFox AI Summary

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, reversing a prior finding that the applicant sustained a cumulative trauma injury to her wrists and hands. The Board found that the lien claimants failed to meet their burden of proof to establish industrial causation. Medical evidence from Dr. Barone and the Qualified Medical Evaluator, Dr. Chung, indicated no industrial injury, and the initial WCJ's reliance on lay testimony was insufficient. Consequently, the lien claims for medical treatment expenses were disallowed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the employer's petition for reconsideration, reversing a prior finding that the applicant sustained a cumulative trauma injury to her wrists and hands. The Board found that the lien claimants failed to meet their burden of proof to establish industrial causation. Medical evidence from Dr. Barone and the Qualified Medical Evaluator, Dr. Chung, indicated no industrial injury, and the initial WCJ's reliance on lay testimony was insufficient. Consequently, the lien claims for medical treatment expenses were disallowed.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.