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Gerardo Gomez — ADJ13544485

GERARDO GOMEZ, Applicant vs. PAGLIRO CONSTRUCTION, INC.; WISCONSIN INSURANCE COMPANY, administered by NEXT LEVEL ADMINISTRATORS, Defendants

ADJ number
ADJ13544485
Decision date
Jan 20, 2022
District office
Marina del Rey
WCJ
—
Claim administrator
Next Level Administrators (administering United Wisconsin Insurance Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: chest (blood clot), circulatory system, left knee, left leg, lumbar spine, thoracic spine

LC §4060LC §4061LC §4062LC §4062.2LC §5701LC §5702LC §5703LC §5904LC §5906CCR §31.7CCR §32.6CCR §10955

Summary

Applicant Gerardo Gomez, a framer, claimed injury to multiple body parts including the chest (blood clot) and circulatory system on July 3, 2020; defendant accepted the left leg and left knee but disputed AOE/COE to the internal/circulatory body parts. After the orthopedic panel QME (Dr. Feldman) expressly deferred causation of the cardiovascular condition to an internal medicine specialist, defendant petitioned for an additional QME panel in internal medicine, which the WCJ denied, reasoning that an existing treating physician report addressed the internal causation. The WCAB granted reconsideration, rescinded the F&O, and found defendant entitled to an additional QME panel in internal medicine—cardiovascular disease. The Board held that the existence of a treating physician report does not constitute good cause to deny an additional panel, and that defendant's prior use of an orthopedic QME panel did not waive its right to a panel in a different specialty.

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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