THOMAS GALLEGOS, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION-CALIFORNIA HEALTH CARE FACILITY STATE OF CALIFORNIA, legally uninsured and administered by STATE COMPENSATION INSURANCE FUND, Defendants
ADJ number
ADJ15539216
Decision date
Oct 2, 2025
District office
Lodi
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER
Injury / body parts: back, neck, spine, cervical spine, right upper extremity, right wrist, right hand, right thumb, right fingers, left hand, bilateral shoulders, left upper extremity
Applicant Thomas Gallegos sought reconsideration of a June 30, 2025 F&O in which the WCJ found that an additional QME panel in the specialty of spine (MNB) was appropriate to address newly pleaded back and neck injuries. The Board dismissed the petition as one for reconsideration (because the findings were interlocutory and non-final) and treated it as a petition for removal, which it granted. The Board explained that under Navarro, Dr. Moore (the first-obtained hand-specialty panel QME) should have been the sole QME for both claims since both claim forms predated his evaluation, but defendant waived/was estopped from objecting to Dr. Achackzad evaluating applicant. The Board found the record incomplete to support good cause for an additional panel in a different specialty under WCAB Rule 31.7, noting hand and spine both fall under the orthopedic surgery umbrella. The Board rescinded the decision and returned the matter to the trial level for further development of the record, urging consideration of an AME, replacement panel under Rule 31.5, or a section 5701 consultation.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.