WCPanelIQ
PanelQMEMed-legalGranted in Part

Rodriguez, Silvia Gallegos

SILVIA GALLEGOS RODRIGUEZ, Applicant vs. GL MEZZETTA, INC.; UNITED STATES FIRE INSURANCE COMPANY, Defendants

ADJ number
ADJ11150106
Decision date
Jul 14, 2025
District office
San Francisco
WCJ
—
Claim administrator
United States Fire Insurance Company
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: cervical spine, thoracic spine, lumbar spine, bilateral arms, bilateral shoulders, bilateral hands, bilateral legs, stomach, eyes, head, psyche, cognitive function

LC §5909LC §5900LC §5705CCR §41CCR §31.7

Summary

Applicant Silvia Gallegos Rodriguez, a machine feeder injured on December 8, 2016, sought reconsideration of an April 21, 2025 FO&A that found injury AOE/COE to several body parts but denied additional claimed injuries, temporary total disability, replacement of orthopedic PQME Dr. Daniel D'Amico, and an additional neurology panel. Applicant argued Dr. D'Amico should be disqualified for alleged bias, disrespect, and ethics violations under AD Rule 41, and that additional panels were warranted. The Appeals Board granted reconsideration, affirmed the denial of a replacement orthopedic panel (finding insufficient evidence of an ethical violation), but found good cause for an additional panel in neurology because Dr. D'Amico himself recommended a neurologic consultation and EMG/nerve velocity studies and could not provide a specific diagnosis. The Board rescinded the FO&A, substituted a new Findings and Order, deferred all other issues, and returned the matter to the trial level.

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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