Garcia

FACTS

Mirian Garcia (Garcia) was employed by Cooper Cold Foods, Inc. as a custodian. On March 18, 2010, she was cleaning offices when she slipped going up some steps. Garcia fell onto her knee and put her hands down to stop herself. She felt pain all over. She felt she had hurt her right knee, right ankle and right leg; her hands turned red.

2 Garcia testified that she has psychological problems. She has headaches which she did not have before the March 18, 2010 incident, and she also has sleep problems she did not have before falling. Igor Boyarsky, D.O. (Dr. Boyarsky) gave Garcia a disability slip. Garcia recalled seeing him, as well as Gunilla Karlsson, Ph.D., Ronald Zlotolow, M.D., and Maria Brickman, M.D. None of these medical providers were in the employer’s MPN. Dr. Boyarsky generated eight medical reports and Dr. Karlsson authored five. Garcia admitted that she received notice of the MPN after her injury. Thomas Saucedo, M.D., was an MPN physician. Based on his report, the WCJ found that Garcia was two percent permanently disabled. Also based on Dr. Saucedo’s report, the WCJ found that Garcia had shown injury to her right knee. Noting that Garcia was also claiming injury…