In the case of Angela Lua v. Mainstay in Santa Cruz County, Kathleen Roberts (San Jose office) secured an award at the Salinas WCAB that Ms. Lua take nothing further on her claim. In this case, the client accepted a right elbow injury. Ms. Lua was working as a caregiver for a client who had a Sub Zero refrigerator/freezer. The claimant tried to open the freezer door while the unit was sealed and she tore a tendon, which required surgical repair. She claimed she did not recover and could not use her arm. She convinced the PQME to extend her TD and recommend a second surgery. Surgery took place, and Ms. Lua complained that she still couldn’t use her right arm. She kept it braced against her body. She claimed the hand was stuck in a permanent claw. She claimed she couldn’t do anything, including driving. SRTK’s Kathleen Roberts deposed the injured worker, knowing she had great film of her using the arm, carrying things, shopping, driving, manipulating a cell phone, etc. Kathleen also had film of her going into a doctor’s office and putting on the brace/sling before she went in!
The PQME found no PD and no need for medical care on the basis of the film which Kathleen sought to disclose. The WCJ initially questioned whether there would be absolutely no need for medical care in light of the two prior surgeries. The PTP tried to give her every possible benefit but, the PQME confirmed it, and the WCJ agreed with him.
There is an arrest warrant being served soon for fraud.