WCPanelIQ
PanelQMEMed-legalRemanded

Vazquez Martinez, Rosa

ROSA VAZQUEZ MARTINEZ, Applicant vs. WASTE MANAGEMENT OF ALAMEDA COUNTY, insured by ACE AMERICAN INSURANCE COMPANY, and administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ17318401
Decision date
Mar 3, 2025
District office
Oakland
WCJ
—
Claim administrator
Gallagher Bassett Services, Inc. (administering for ACE American Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: neck, cervical spine, spine, bilateral shoulders, low back

LC §5909LC §5900LC §5903LC §5952LC §5701LC §5906CCR §10961

Summary

Applicant Rosa Vazquez Martinez, a dispatcher for Waste Management, alleged a December 19, 2022 injury to her neck, spine, and bilateral shoulders. The WCJ initially found injury AOE/COE and awarded medical treatment, relying primarily on applicant's credible testimony about the mechanism of injury and her immediate emergency room visit, supported by QME Dr. Patel's reporting. Defendant sought reconsideration arguing the record lacked substantial medical evidence because Dr. Patel failed to disclose the mechanism of injury, did not confirm review of the deposition transcript, and reviewed only 214 of thousands of pages of records. The Board granted reconsideration, finding that while Dr. Patel's reporting rested on pertinent facts and adequate examination, it was unclear whether it was based on an adequate medical history. The Board rescinded the F&A and returned the matter to the trial level to develop the record on the mechanism of injury and the unreviewed Kaiser and Concentra records.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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