WCPanelIQ
PanelDenied

Silvia Gonzalez — ADJ9275207

SILVIA GONZALEZ, Applicant vs. GS FASHION, INCORPORATED; EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants

ADJ number
ADJ9275207
Decision date
Nov 28, 2021
District office
Los Angeles
WCJ
—
Claim administrator
Employers Compensation Insurance Company
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: right ring finger, teeth, jaw, gastro-intestinal system, fibromyalgia

LC §5904CCR §10843CCR §10955CCR §10682

Summary

Defendant petitioned for reconsideration/removal challenging a WCJ decision that found applicant Silvia Gonzalez sustained new and further disability to the right ring finger and that she 'may have' sustained new and further disability and need for treatment to her teeth, jaw, gastro-intestinal system, and fibromyalgia. Because the WCJ's decision resolved a threshold AOE/COE issue, the decision was final and subject to reconsideration; however, since defendant only challenged interlocutory findings (not the right ring finger finding), the Board applied the removal standard under Gaona. The Board found defendant failed to show significant prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board also noted that non-MPN treating physician reports are admissible under Valdez and that report deficiencies go to weight, not admissibility. The Petition was denied.

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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