Torres, Berenice

Lien claimant Medland Medical petitioned for reconsideration of a WCJ's Joint Findings and Award that found applicant Berenice Torres did not sustain industrial injury (AOE/COE) in either a specific (July 20, 2020, including COVID-19) or cumulative trauma claim, and that the lien claimant failed to prove entitlement to treatment reimbursement except for one medical-legal evaluation dated September 21, 2020. The petitioner argued the WCJ erred in relying on the PQME reports rather than the treating physician's medical-legal reporting. The Appeals Board granted reconsideration, noting that the record contained no evidence of whether an outbreak occurred at applicant's specific place of employment, making it impossible to determine whether the COVID-19 presumption under Labor Code section 3212.88 applies, raising due process concerns. The Board deferred a final decision after reconsideration pending further review of the merits and the entire record.