WCPanelIQ
PanelQMEMed-legalDenied

Ortega, Maria Alicia

MARIA ALICIA ORTEGA, Applicant vs. CASA COLINA, Inc., Permissibly Self-Insured, Defendant

ADJ number
ADJ12488612
Decision date
Mar 3, 2024
District office
Van Nuys
WCJ
—
Claim administrator
Casa Colina, Inc. (Permissibly Self-Insured)
Commissioners
—

Injury / body parts: internal, hemophilia (ITP/Immune thrombocytopenia), psyche

LC §3202LC §3202.5LC §3208LC §5705LC §4061LC §4062LC §5502CCR §10682

Summary

Maria Alicia Ortega, a 58-year-old housekeeper for self-insured Casa Colina, Inc., claimed a cumulative trauma injury to internal, hemophilia, and psyche ending July 8, 2019, alleging her Immune thrombocytopenia (ITP) condition was caused by exposure to a chemical product called Peridox RTU. The WCJ found no industrial injury, relying on PQME internist Dr. Omar (Syed) Tirmizi, who found no correlation between Peridox RTU exposure and ITP, and PQME psychiatrist Dr. Mark McDonald, who attributed applicant's psychiatric condition entirely to the (non-industrial) ITP. Applicant sought reconsideration, arguing the QME opinions were not substantial medical evidence and the record needed further development with a hematologist. The majority of the Board (Commissioners Razo and Snellings) denied reconsideration, adopting the WCJ's Report, finding the QME reporting constituted substantial medical evidence and that applicant failed to meet her burden of proof. Chair Zalewski dissented, arguing the record should have been developed with a hematologist because Dr. Tirmizi himself testified at deposition that a hematologist would have more expertise on ITP causation.

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