PanelQMEMed-legalGranted
Gutierrez Alvarado, Virginia
VIRGINIA GUTIERREZ ALVARADO, Applicant vs. ROSS STORES, INC.; ARCH INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants
- ADJ number
- ADJ12333976
- Decision date
- Mar 18, 2026
- District office
- Riverside
- WCJ
- —
- Claim administrator
- Sedgwick Claims Management Services, Inc. (administering for Arch Insurance Company)
- Commissioners
- KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
Injury / body parts: head, brain, eye, psyche, digestive system, internal system, cervical spine, thoracic spine, lumbar spine, right arm, right elbow, right wrist/hand, fingers, right hip, right leg, right foot
LC §3202LC §4061LC §5701LC §5705LC §5900LC §5902LC §5903LC §5904LC §5906LC §5911CCR §31.7CCR §10600CCR §10605CCR §10615CCR §10940CCR §10955
Summary
Applicant Virginia Gutierrez Alvarado alleged cumulative industrial injury to multiple body parts including the internal system while working as a tilt tray operator for Ross Stores. A February 1, 2021 Findings of Fact found injury AOE/COE to numerous body parts but denied an additional QME panel in internal medicine; neither party sought reconsideration. After further trial, the WCJ issued a conflicting August 16, 2021 F&O finding no injury AOE/COE and again denying the internal medicine panel. The Board granted reconsideration on its own motion, held the August 16, 2021 finding of no injury was void because the February 1, 2021 threshold injury determination had become final and binding, and found good cause existed for an additional internal medicine panel. The Board rescinded the August 16, 2021 F&O and substituted a new F&O reinstating the injury findings, confirming Arch Insurance as carrier, and ordering an additional QME panel in internal medicine while deferring all other issues.
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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