Stephanie Ong vs. Beverly Hills Bmw; The Hartford, Administered B

is a case in which Stephanie Ong, a receptionist at Beverly Hills BMW, filed an application for adjudication of a claim for an injury she sustained while on the job. The employer provided no medical treatment. The defendant asserted an "initial aggressor" defense and the case was tried by an administrative law judge. The judge found that the applicant was the initial aggressor and willfully and intentionally caused her own injury, and thus the applicant was denied compensation.

Beverly Hills Bmw; The Hartford, Administered B Stephanie Ong CASE No: ADJ11280390STEPHANIE ONGv.BEVERLY HILLS BMW; THEHARTFORD, ADMINISTERED BYSEDGWICK CMSWORKERS’ COMPENSATIONADMINISTRATIVE LAW JUDGE:CRAIG A. GLASSDATE OF INJURY: 4/6/18REPORT AND RECOMMENDATIONON PETITION FOR RECONSIDERATIONIINTRODUCTION  Petitioner, applicant Stephanie Ong, files this verified (by applicant’s attorney) and timely Petition for Reconsideration, contending: (1) that defendant did not carry the burden of proof as to its “initial aggressor” defense; and, (2) that defendant did not prove that applicant intentionally injured herself.IIRELEVANT PROCEDURAL HISTORYSTIPULATED FACTS  Stephanie Ong. born 6/13/90, while employed on 4/6/18. as a receptionist, at Los Angeles, California, by Beverly Hills BMW, insured by The Hartford, administered by Sedgwick CMS, claims to have sustained injury arising out of and in the course of her employment to her left shoulder and back. ,   The employer provided no medical treatment.  Applicam filed her Application for Adjudication of claim dated 4/18/18 with lhe WCAB on 4/18/18.  Defendant answered the application on 6/6/18, asserting an “initial aggressor” defense.  Defendant filed a declaration of readiness on 9/19/18.  Applicant objected to the declaration of readiness for a priority conference on 10/1/18 asserting that discovery was not complete.  At hearing on 10/30/18, the matter was continued to 2/5/19. with the notation that:  “Defendant asserts both initial aggressor + disputes existence of an injury. As a result, a 4060 exam is necessary in ortho. Applicant has withdrawn psyche claim. Continued over defendant objection.”  At the continued hearing of 2/5/19, the matter was again continued to 4/23/19.  At the 4/23/19 hearing, the matter was again continued to 7/16/19, with the Court noting:  “Replacement panel is pending with the medical unit.”  At the 7/16/19 hearing, the matter was again continued, with the Court noting:  “PQME report from Dr.

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