Martinez Alcantara, Selene Baruch

Selene Baruch Martinez Alcantara sustained an admitted industrial injury to her lumbar spine on November 11, 2010, and later amended her claim to add psyche, diabetes, and weight gain; she died on November 13, 2016 with no findings, orders, or awards having issued in the inter-vivos case, and no QME having declared her permanent and stationary on the orthopedic claim. Her dependent/representative pursued accrued benefits under Labor Code section 4700, but the WCJ closed discovery at the MSC under section 5502(d)(3), barred cross-examination of orthopedic QME Dr. Chandran and internal QME Dr. Yousefi under the doctrine of laches, and found a P&S date based on the psychiatric QME. The Appeals Board granted reconsideration and rescinded the Findings, holding that the WCJ failed to establish the prejudice element required for laches and improperly proceeded to trial on an inadequate record. The Board returned the matter to the trial level for further development of the record so defendant's section 4700 liability, if any, could be properly determined.