Zamora, Juvenal Torres

Applicant Juvenal Torres Zamora sought reconsideration of a July 21, 2023 Findings of Fact and Award, arguing that the WCJ erred in relying on the reporting of QME Nicole Chitnis, M.D. (physical medicine and rehabilitation) and in finding the applicant's testimony not credible. Applicant contended that translation problems with multiple interpreters at the November 15, 2021 evaluation produced an inaccurate history, and that Dr. Chitnis failed to review medical records including 2,898 pages and a 2021 lumbar MRI, requiring further development of the record. The WCJ rejected these arguments in a detailed Report, finding that interpreter Eva Ponce corrected any deficiencies caused by interpreter Alicia Pagliere, that Dr. Chitnis in fact reviewed the disputed records (the 2,898 pages had been submitted without attestation), and that the applicant's testimony contained internal inconsistencies. The WCAB adopted and incorporated the WCJ's Report, gave great weight to the WCJ's credibility determinations under Garza, and denied reconsideration. The Award found no industrial injury to the right foot or bilateral knees and 42 percent permanent partial disability.