WCPanelIQ
PanelQMEMed-legalDenied

Maria Romero — ADJ9458248

MARIA ROMERO, Applicant vs. BEST WESTERN and NEW HAMPSHIRE INSURANCE COMPANY, adjusted by BROADSPIRE, Defendants

ADJ number
ADJ9458248
Decision date
Sep 16, 2021
District office
San Jose
WCJ
Adoralida (Dora) Padilla
Claim administrator
Broadspire (TPA for New Hampshire Insurance Company)
Commissioners
—

Injury / body parts: abdomen, reproductive system, bilateral inguinal area, psyche (claimed, denied)

Summary

Maria Romero, a housekeeper for Best Western, suffered an industrial injury on 08/16/2012 when she slipped and fell in a bathroom, hitting her abdomen against a bathtub while approximately two months pregnant; she subsequently suffered a miscarriage. The claim was initially denied but liability was found following a 03/08/2018 trial, and a Findings and Award issued 06/22/2021 found 11% permanent disability based on PQME Dr. Mahmoudi's reporting and rejected the alleged psychiatric injury for lack of substantial medical evidence. Romero, in pro per, filed a Petition for Reconsideration (in Spanish, translated by the bilingual WCJ) alleging fraud, false medical reports, ineffective interpreting, judicial bias, and EDD fraud. The WCAB adopted and incorporated the WCJ's Report and Opinion on Decision, finding the petition set forth no basis to establish error and raised many issues for the first time on reconsideration. The Board denied reconsideration, while noting the deferred issue of self-procured medical treatment could be brought back to the WCJ via a Declaration of Readiness to Proceed.

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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