PBS FOODS, LLC dba Panera Breads and Security National Insurance Company, administered by Amtrust North America, Inc. Marisol Aguilera Guerrero WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAMARISOL AGUILERA GUERRERO, Applicantvs.PBS FOODS, LLC dba PANERA BREADS and SECURITY NATIONAL INSURANCE COMPANY, administered by AMTRUST NORTH AMERICA, INC., DefendantsAdjudication Number: ADJ12393664 Van Nuys District OfficeOPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings of Fact & Orders, (F&O) issued by the workers’ compensation administrative law judge (WCJ) on November 13, 2020, wherein the WCJ found in pertinent part that applicant did not sustain injury arising out of and in the course of employment (AOE/COE) to her cervical spine, right wrist and right hand. The WCJ ordered that applicant take nothing by way of her injury claim. Applicant contends that the report from orthopedic qualified medical examiner (QME) Irwin Bliss, M.D., does not constitute substantial evidence regarding the issue of injury AOE/COE. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be denied. We received an Answer from defendant. We have considered the allegations in the Petition for Reconsideration (Petition) and the Answer, and the contents of the Report.1 Based on our review of the record, and for the reasons discussed below, we will grant reconsideration, rescind the F&O, and return the matter to the WCJ for further proceedings consistent with this opinion and to issue a new decision from which any aggrieved person may timely seek reconsideration. 1 We note that applicant filed a Petition and a “corrected” Petition on December 4, 2020. In that a “corrected” Petition was filed, the original Petition will not be considered. , BACKGROUND Applicant claimed injury to her cervical spine, r
Marisol Aguilera Guerrero vs. PBS FOODS, LLC Dba Panera Breads And Security National Insurance Company, Administered By Amtrust North America, Inc.
- PBS FOODS, LLC dba Panera Breads and Security National Insurance Company, administered by Amtrust North America, Inc. Marisol Aguilera Guerrero WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIA: Marisol Aguilera Guerrero, an employee of PBS Foods, LLC dba Panera Breads, filed a claim for workers' compensation benefits after she experienced pain in her cervical spine, right wrist, and right hand. After a hearing, the WCJ found that the applicant did not sustain an injury arising out of and in the course of employment and ordered that the applicant take nothing by way of her injury claim. The applicant then filed a petition for reconsideration, alleging that the
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ12393664
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