Susan Adams vs. Kaiser Foundation Health Plan; Permissibly Self-insured, Administered By Sedgwick Claims Management Services

This case involves Susan Adams, an employee of Kaiser Foundation Health Plan, who claimed to have sustained an injury to her neck, upper extremities, lumbar spine, fingers, back and left hand while employed by Kaiser. The Workers' Compensation Judge found that she did not sustain the injury and issued a take-nothing order. Adams filed a petition for reconsideration, arguing that the WCJ's credibility determination did not overcome the objective medical evidence and expert medical testimony justifying a finding that her alleged cumulative trauma injury arose out of and occurred in the course of her employment. The Appeals Board affirmed the WCJ's decision, giving the WCJ's credibility determination great weight and finding that there was no evidence of considerable substantiality to reject the WC

Kaiser Foundation Health Plan; permissibly self-insured, administered by Sedgwick Claims Management Services Susan Adams WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUSAN ADAMS, Applicant,vs.KAISER FOUNDATION HEALTH PLAN; permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ11130965OPINION AND DECISION AFTER RECONSIDERATION            The Appeals Board granted reconsideration to study the factual and legal issues. This is our Decision After Reconsideration.            In the Findings and Order of February 14, 2019, the Workers’ Compensation Judge (WCJ) found that applicant, while employed by Kaiser Foundation Health Plan during the period June 1, 2012 through December 6, 2017, did not sustain injury arising out of and occurring in the course of employment to her neck, upper extremities, lumbar spine, fingers, back and left hand. The WCJ also included a finding stating that “applicant was not credible,” and the WCJ issued a take-nothing order.            Applicant filed a timely petition for reconsideration of the WCJ’s decision. Applicant contends that even though the WCJ’s credibility determination may be entitled to great weight, it docs not overcome objective medical evidence of a cumulative trauma injury and expert medical testimony justifying a finding that applicant’s alleged cumulative trauma injury arose out of and occurred in the course of employment.            Defendant filed an answer.            We have considered the allegations of applicant’s Petition for Reconsideration, the contents of the WCJ’s Report and Recommendation with respect thereto, and the contents of the WCJ’s Opinion on Decision. Based on our review of the record, and for the reasons stated below and in the WCJ’s Report              , and Opinion, both of which we adopt and incorporate herein, we will affirm the Findings and Order of February 14, 2019. In affirming the WCJ’s decision, we have given the WCJ’s credibility determin

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