Maricela Rodriguez — ADJ13220426

Applicant Maricela Rodriguez, a production worker, claimed cumulative trauma injuries (June 1, 2002 through February 21, 2020) to bilateral wrists (stipulated carpal tunnel), and disputed claims to neck, back, bilateral shoulders, bilateral elbows, and eyes. Following trial, the WCJ relied on the PQME reports of Dr. Peter Alexakis as substantial medical evidence and found no industrial injury to the additional claimed body parts and no entitlement to temporary disability since applicant was terminated for alleged theft while performing her regular duties. Applicant petitioned for reconsideration arguing the PQME reports did not constitute substantial medical evidence and that a Labor Code 5701 evaluation should be ordered. The WCAB denied reconsideration, adopting the WCJ's report, noting applicant raised her arguments for the first time on appeal, never cross-examined the PQME, and never objected to admission of the reports at trial.