WCPanelIQ
PanelQMEMed-legalGranted in Part

Mario Gonzalez — ADJ11830567

MARIO GONZALEZ (DECEASED), Applicant vs. ALTECH MACHINING, INC.; MIDDLESEX INSURANCE COMPANY, Defendants

ADJ number
ADJ11830567
Decision date
Oct 15, 2026
District office
San Diego
WCJ
—
Claim administrator
Middlesex Insurance Company
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: internal body systems, liver, death, cognitive/neurological system, peripheral nervous system, hearing

LC §3600LC §4062.3LC §5310LC §5402LC §5900LC §5902LC §5903LC §5909LC §5952CCR §10955

Summary

In this death claim alleging industrial injury to internal body systems including the liver from solvent exposure, the WCJ issued a Findings and Order permitting defendant's epidemiologist (Dr. Anderson-Mahoney) reports to be submitted to the QMEs while excluding applicant's consultant (Dr. Harrison) reports as impermissible medical-legal reports. The Board held the WCJ's ruling was an interlocutory discovery order that is not final, dismissed the petition for reconsideration, and instead treated it as a petition for removal. On the merits, the Board found that under Labor Code section 4062.3(a), both doctors' reports constitute medical and nonmedical records relevant to the medical issue and may be submitted to the QMEs. The Board emphasized that QME Dr. Fishman had expressly indicated he would welcome additional research and epidemiology reports, and that submission could help the QMEs produce substantial medical evidence. The Board granted removal, rescinded the F&O, and ordered that both Dr. Harrison's and Dr. Anderson-Mahoney's reports may be sent to QME Dr. Fishman.

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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