WCPanelIQ
PanelQMEMed-legalRemanded

Gina Rosales — ADJ10645876

GINA ROSALES, Applicant vs. COUNTY OF RIVERSIDE; permissibly self-insured, Defendant

ADJ number
ADJ10645876
Decision date
Feb 6, 2023
District office
Riverside
WCJ
—
Claim administrator
County of Riverside (permissibly self-insured)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: psyche, head, back, body systems (GERD), hypertension, orthopedic

LC §3600LC §5705LC §3202.5LC §5903LC §5952LC §5701LC §5906LC §3208.3LC §5313LC §5953

Summary

Applicant Gina Rosales, a Health Services Assistant for the self-insured County of Riverside, claimed industrial injury to her psyche, head, back, and body systems (including GERD and hypertension) based on alleged workplace harassment by her supervisor. The WCJ found no injury AOE/COE, deeming applicant not credible and the defense witnesses credible, and rejected internal medicine QME Dr. Sherman's industrial causation opinions because they relied on applicant's allegedly unsubstantiated work history. On reconsideration, the Board held that the WCJ improperly refused to rely on Dr. Sherman's opinions when the correct analysis was whether those opinions constituted substantial evidence, and found a need to further develop the record on the GERD and hypertension claims. The Board affirmed the WCJ's findings of no psyche injury (since psyche QME Dr. Lee tied causation entirely to applicant's credibility) and no orthopedic injury (Dr. Wakim's report being substantial evidence). The Board rescinded the F&O, substituted new findings, and returned the matter to the trial level for a supplemental medical opinion on the body systems claims.

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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