WCPanelIQ
PanelQMEMed-legalDismissed

Miriam Gonzalez Cervantes — ADJ20226877, ADJ20226897

MIRIAM GONZALEZ CERVANTES, Applicant vs. DAVE & BUSTERS MANAGEMENT CORPORATION; SAFETY NATIONAL CASUALTY CORPORATION, Defendants

ADJ number
ADJ20226877, ADJ20226897
Decision date
Oct 27, 2026
District office
Riverside
WCJ
—
Claim administrator
Safety National Casualty Corporation
Commissioners
PAUL F. KELLY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: orthopedic complaints

LC §5900LC §5902LC §5903LC §5909LC §5502LC §5813CCR §31.5CCR §10620CCR §10955CCR §10421

Summary

Defendant sought reconsideration of a WCJ's July 29, 2026 Findings and Order that determined panel QME number 7793190 in Chiropractic Medicine was the appropriate specialty for applicant's orthopedic complaints, found Applicant's Exhibit 1 inadmissible, and found Applicant's Exhibit 2 and Defendant's Exhibits B and C admissible. The Appeals Board held the challenged decision was interlocutory (concerning panel specialty and evidentiary admissibility), not a final order, so it dismissed the petition as one for reconsideration and treated it as a petition for removal. The Board denied removal, finding no significant prejudice or irreparable harm. On the merits, the Board noted that under AD Rule 31.5(a)(9) the Medical Director (not the WCJ) finds good cause for a replacement panel, and defendant submitted no evidence of any such request; it upheld admission of Exhibit 2 because it was listed on the PTCS (distinguishing McClanahan) and a Rule 10620 violation does not warrant exclusion. The Board also admonished defense counsel for filing an improper petition for reconsideration of a non-final order and for raising a panel-validity issue not raised at trial.

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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