Dominguez, Josefina

Applicant Josefina Dominguez, a 63-year-old claims auditor, sustained an admitted cumulative trauma injury to her hands and psyche during a period ending April 29, 2020. The WCJ found temporary disability from May 1, 2021 through November 2, 2021, relying on treating psychologist Dr. Thomas Fera's report. Defendant sought reconsideration, arguing the PQME psychologist Dr. Leine Delker found no temporary disability and the evidence was insufficient to constitute substantial medical evidence. The WCAB denied reconsideration, adopting the WCJ's Report, holding the WCJ was entitled to rely on the treating physician's opinion as substantial evidence even where it conflicted with other medical opinions. The Board noted Dr. Delker's finding of no TTD stemmed only from her initial (later reversed) opinion of no industrial injury, and she never re-addressed TTD after accepting injury.