WCPanelIQ
PanelQMEMed-legalGranted in Part

Serrano, Ruth

RUTH SERRANO, Applicant vs. NOVA COMMERCIAL COMPANY, INC., and CYPRESS INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ10746901
Decision date
Apr 10, 2024
District office
San Diego
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering for Cypress Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: left hip, left leg, lumbar spine

LC §4616LC §4616.3LC §4616.4LC §4610.5LC §4610.6LC §139.5LC §5307.27LC §5500CCR §35.5

Summary

Applicant Ruth Serrano sustained an industrial injury to her left leg, left hip, and lumbar spine while working as a custodian. After exhausting the MPN second and third opinion process, she requested an MPN independent medical review (MPN-IMR), and Dr. Michael Smith performed the review, opining that excision/biopsy of a left hip mass (probable lipoma) was needed but characterizing it as 'nonindustrial.' The AD adopted Dr. Smith's report. The disputes were whether the MPN-IMR physician could address causation, whether his report could be sent to QME Dr. Roland, and whether the surgery could be ordered. The Board held that the MPN-IMR physician cannot address causation (industrial vs. nonindustrial) because his role is limited to disputed treatment/diagnostic service, that his report constituted substantial evidence that applicant needs and is entitled to the left hip surgery as a diagnostic procedure, and that his report may not be sent to QME Dr. Roland because treatment is not a QME issue.

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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