WCPanelIQ
PanelQMEMed-legalGranted in Part

Gomez, Jorge

JORGE GOMEZ, Applicant vs. JAM-MART CRYSTAL PROMOTIONS; EMPLOYERS PREFERRED INSURANCE COMPANY, Defendants

ADJ number
ADJ12131630
Decision date
Mar 4, 2024
District office
Van Nuys
WCJ
—
Claim administrator
Employers Preferred Insurance Company
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, bilateral shoulders, bilateral wrists, bilateral knees, bilateral hips, bilateral ankles, head, headaches, hernia, psyche, internal-digestive system

LC §5904CCR §10945

Summary

The Appeals Board granted reconsideration of a WCJ's joint findings in two consolidated cases involving Jorge Gomez, a 34-year warehouse laborer for Jam-Mart Crystal Promotions. Defendant Employers Preferred challenged reliance on treating chiropractor Dr. Torres's reports as not constituting substantial evidence on temporary disability. The Board concluded that the PQME orthopedic reports of Dr. Sharma—not even mentioned in defendant's petition—constituted substantial medical evidence supporting cumulative trauma injury to the cervical and lumbar spine, bilateral shoulders, and bilateral wrists. The Board affirmed in part and amended to defer claims for bilateral knees, head, headaches, hernia, hips, lower extremities, psyche, and internal-digestive system pending further development, along with the alleged specific 10/15/2018 lumbar injury. The Board admonished defense counsel for multiple violations of WCAB Rule 10945, and returned the matter to the trial level for further proceedings.

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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