WCPanelIQ
PanelQMEMed-legalDenied

Muro Rodriguez, Jorge

JORGE MURO RODRIGUEZ, Applicant vs. AUTOMATIC SPECIALTY COMPANY, INC.; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ13419831
Decision date
Mar 4, 2024
District office
Marina Del Rey
WCJ
—
Claim administrator
Insurance Company of the West
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: mouth, throat, headaches, neck, skin, respiratory system, internal organs

LC §5902LC §5903LC §5803LC §5805CCR §10945

Summary

Applicant Jorge Muro Rodriguez sought reconsideration of two March 5, 2024 Findings of Fact. In ADJ13419831, the WCJ found admitted injury to the mouth and throat but no injury to headaches or neck, and no temporary/permanent disability or need for further treatment. In ADJ13420585, the WCJ found injury AOE/COE to the skin but not to the respiratory or internal systems. Applicant argued the QME reporting of Dr. Ruder (otolaryngology) and Dr. Chen (dermatology) was not substantial evidence due to inadequate examinations and failure to explain conclusions. The WCAB denied reconsideration, finding the Petition failed to set forth any statutory ground under section 5903, made no specific references to the evidentiary record, and that applicant had pursued no discovery (supplemental reports or depositions) to address the alleged QME deficiencies.

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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