What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by applicant contesting Findings and Order dated 9/17/2021, served 9/22/2021, denied by WCAB panel on 12/10/2021.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
AOE/COEDefendant prevailedright ankle · right foot · right calf · right lower extremity · sleep disorder
The WCJ and WCAB panel found that the applicant did not meet her burden of proof to establish injury arising out of and in the course of employment based on the QME reports and the applicant's failure to appear at trial.
From the decision · page 4Leisure Yu, M.D., prepared a QME report dated 12/1/2020 (Exhibit A). The applicant reported that she had complaints to her right ankle and right foot. She denied any prior right ankle and right foot injuries. She stated that she was injured when she was about to help a customer and as she stood up from her chair and turned, she twisted her right foot. The injury was reported and she was referred for treatment. The review of records showed right ankle sprain and right foot sprain on 8/15/2010 and 3/25/2012. On 4/9/2014, she was seen for right foot pain with x-rays on 5/21/2014 showing hallux valgus with pes planus. On 10/27/2015, she was seen for bilateral foot pain. Dr. Yu concluded that the applicant did not sustain work related injuries to the right ankle or right foot. The applicant has a history of chronic recurrent right and left ankle and foot sprain, strain and pain. The history of right ankle and foot strain dates back to 8/15/2010. Dr. Yu questions the veracity of the applicant's history statements.