WCPanelIQ
PanelQMEMed-legalAffirmed

Cristina Martinez — ADJ9227113, ADJ9638263

CRISTINA MARTINEZ, Applicant vs. KERN RIDGE GROWERS, permissibly self-insured, Defendants

ADJ number
ADJ9227113, ADJ9638263
Decision date
Date unavailable
District office
Bakersfield
WCJ
—
Claim administrator
Kern Ridge Growers (permissibly self-insured)
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: left middle finger, left hand, left arm, left shoulder, right middle finger, bilateral shoulders, cervical spine, thoracic spine, bilateral lower extremities, both elbows, CRPS

LC §5909LC §5903LC §5952LC §4062.3CCR §31.5

Summary

Applicant Cristina Martinez claimed two injuries while working as a packer for self-insured Kern Ridge Growers, including alleged CRPS evaluated by neurological QME Dr. Jay Jurkowitz, who testified applicant 'probably' had work-related CRPS. The WCJ found the QME's reports and deposition constituted substantial medical evidence and found injury AOE/COE to certain body parts per the parties' stipulations. Defendant sought reconsideration arguing Dr. Jurkowitz's opinions were not substantial evidence and requesting a replacement neurology QME panel. The Board affirmed the F&O, holding that AD Rule 31.5(a) does not authorize a replacement panel based on the alleged insubstantiality of a QME's opinions, and that the replacement-panel issue was improperly raised for the first time on reconsideration. The Board also noted CRPS causation was never identified as a trial issue and found it confusing that defendant offered the very reports it claimed were not substantial evidence.

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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