Home/Case Law/LORENA LOPEZ vs. DOLAN FOSTER ENTERPRISES dba TACO BELL, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE CO.
Regular DecisionReconsideration

LORENA LOPEZ vs. DOLAN FOSTER ENTERPRISES dba TACO BELL, PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE CO.

Filed: Mar 05, 2018
Oakland
ADJ9254420; ADJ9253953

CompFox AI Summary

This case involves two workers' compensation claims for cumulative trauma injuries to an applicant's neck, back, arms, and shoulders sustained while working at Taco Bell. The defendant sought reconsideration, arguing a due process violation due to the WCJ finding cumulative trauma injuries after parties stipulated to specific injuries. The Appeals Board affirmed the WCJ's decision, holding that the WCJ properly amended pleadings to conform to proof based on AME medical reports, and the defendant had ample notice of the potential for cumulative trauma claims, thus not violating due process. The Board also found the AME's use of grip strength for impairment assessment and the lumbar spine impairment category to be consistent with the AMA Guides and supported by substantial evidence.

Full Decision Text1 Pages

This case involves two workers' compensation claims for cumulative trauma injuries to an applicant's neck, back, arms, and shoulders sustained while working at Taco Bell. The defendant sought reconsideration, arguing a due process violation due to the WCJ finding cumulative trauma injuries after parties stipulated to specific injuries. The Appeals Board affirmed the WCJ's decision, holding that the WCJ properly amended pleadings to conform to proof based on AME medical reports, and the defendant had ample notice of the potential for cumulative trauma claims, thus not violating due process. The Board also found the AME's use of grip strength for impairment assessment and the lumbar spine impairment category to be consistent with the AMA Guides and supported by substantial evidence.

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