Home/Case Law/TATIANA GALLEGOS vs. THE SALVATION ARMY, Permissibly Self-Insured
Regular DecisionReconsideration

TATIANA GALLEGOS vs. THE SALVATION ARMY, Permissibly Self-Insured

Filed: Mar 18, 2013
Van Nuys
ADJ7908930, ADJ7908963

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the judge's decision that she did not sustain cumulative or specific industrial injuries to her upper extremities, neck, spine, or internal systems. The Board found the employer's denial of the cumulative injury claim timely, thus precluding the presumption of compensability. While the specific injury claim was initially presumed compensable due to a late denial, the applicant's own medical evidence was found to have rebutted this presumption for all claimed body parts except the psyche. The issue of psychiatric injury remains deferred for further development of the record.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the judge's decision that she did not sustain cumulative or specific industrial injuries to her upper extremities, neck, spine, or internal systems. The Board found the employer's denial of the cumulative injury claim timely, thus precluding the presumption of compensability. While the specific injury claim was initially presumed compensable due to a late denial, the applicant's own medical evidence was found to have rebutted this presumption for all claimed body parts except the psyche. The issue of psychiatric injury remains deferred for further development of the record.

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.

TATIANA GALLEGOS vs. THE SALVATION ARMY, Permissibly Self-Insured (2013) – Van Nuys | CompFox