WCPanelIQ
PanelQMEMed-legalDismissed

Virginia Gutierrezalvarado — ADJ12333976, ADJ12812012

VIRGINIA GUTIERREZ ALVARADO, Applicant vs. ROSS STORES, INC.; ARCH INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ12333976, ADJ12812012
Decision date
Jun 7, 2026
District office
Riverside
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc. (administering Arch Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: head, brain, eye, psyche, digestive system, internal system, cervical spine, thoracic spine, lumbar spine, right arm, right elbow, right wrist/hand, fingers, right hip, right leg, right foot

LC §5909LC §5900LC §5902LC §5903LC §5904LC §5410LC §5803LC §5804LC §5412LC §4453LC §5502CCR §10600CCR §10605CCR §10615CCR §10940CCR §10955CCR §10966CCR §10961CCR §10858CCR §10859

Summary

Defendant filed two petitions for reconsideration: one challenging the WCJ's February 1, 2021 Findings (which found injury AOE/COE to numerous body parts) on the ground that the AOE/COE findings were clerical errors, and one challenging the Board's March 19, 2026 Decision After Reconsideration that rescinded the WCJ's August 16, 2021 F&O and granted an additional internal medicine QME panel. The Board dismissed the petition as to the February 1, 2021 Findings as untimely because it was filed far beyond the jurisdictional 25-day limit, and held that its continuing jurisdiction does not extend to correcting substantive errors by a WCJ where the party failed to timely challenge them. The Board denied the petition as to the March 19, 2026 Decision, applying the removal standard to the interlocutory internal medicine panel issue and finding no significant prejudice or irreparable harm, and reaffirming good cause for the additional panel based on neurological PQME Dr. Anees's deferral to internal medicine on the prediabetes/TIA causation question. The requested reinstatement of the August 16, 2021 F&O was rejected as conflicting with the standing, now-final February 1, 2021 Findings and as barred by the time limits and the judicial-versus-clerical distinction.

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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