Romero, Victor

Applicant Victor Romero, a manager for Santa Barbara Smokehouse, contracted COVID-19 on June 11, 2020, which a prior unappealed Findings of Fact established as an AOE/COE injury. The pulmonary PQME, Dr. Gerald Markovitz, found that applicant developed pulmonary fibrosis and chronic lung disease as a sequela of COVID-19, entitling him to temporary disability beyond 104 weeks under Labor Code section 4656(c)(3)(H) & (I), and that applicant reached P&S/MMI status as of November 13, 2024. The WCJ issued a Findings and Award reflecting these conclusions, and defendant sought reconsideration arguing Dr. Markovitz's report was not substantial medical evidence and that proceeding before defendant's May 29, 2025 deposition of the PQME violated due process. The Appeals Board found Dr. Markovitz's November 13, 2024 report constituted substantial medical evidence and that no temporary disability was actually awarded at the expedited hearing, leaving room for further record development after the deposition. The Board denied the Petition for Reconsideration.