WCPanelIQ
PanelQMEMed-legalDenied

Rangel, Yolanda

YOLANDA RANGEL, Applicant vs. MEXICAN AMERICAN OPPORTUNITY FOUNDATION; EVEREST NATIONAL INSURANCE COMPANY, Administered by SEDGWICK CMS, Defendants

ADJ number
ADJ10849328
Decision date
Jul 31, 2024
District office
Salinas
WCJ
Lori Alison Holmes
Claim administrator
Sedgwick CMS (administering for Everest National Insurance Company)
Commissioners
—

Injury / body parts: lumbar spine, both knees, right arm, right shoulder, psyche

LC §5410LC §5804LC §4620LC §5904CCR §10109CCR §10955

Summary

Applicant Yolanda Rangel suffered a July 2016 industrial injury to her lumbar spine, both knees, and right arm, resolved by a stipulated award in July 2020. She filed a timely Petition to Reopen for New and Further Disability in May 2021, and the QME, Dr. Stone, issued reports indicating possible worsening, a compensable right shoulder consequence requiring an MRI, and ongoing psychological symptoms. The WCJ ordered further discovery—an MRI of the right shoulder, further QME reporting on the knees, and a psychological medical-legal evaluation—without yet deciding the merits of the reopening claim. Defendant petitioned for reconsideration arguing no evidence of new and further disability and that no additional discovery was warranted. The Board found the timeliness finding was a final order subject to reconsideration but treated defendant's challenge to the discovery orders under the removal standard, and denied the petition because defendant showed no significant prejudice or irreparable harm.

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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