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PanelQMEMed-legalGranted

Hossain, Md

MD HOSSAIN, deceased; SALMA BASHAR, widow, Applicant vs. ALI’S ENTERPRISES, INC. 2; TECHNOLOGY INSURANCE COMPANY administered by AMTRUST NORTH AMERICA, Defendants

ADJ number: ADJ15819265
Decision date: May 1, 2025
District office: Van Nuys
WCJ: —
Claim administrator: AmTrust North America (administering Technology Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: head, circulatory system, psyche, stress, death

LC §3600LC §3202LC §3202.5LC §5313LC §5701LC §5900LC §5906LC §5909CCR §10803

Summary

In this death claim, decedent Md Hossain, a 7-Eleven store manager, was found dead in his office on October 18, 2021, with the autopsy attributing death to acute coronary syndrome/atherosclerotic coronary artery disease, with a post-mortem positive COVID-19 test. The PQME, Dr. Gerald Weingarten, opined death was nonindustrial due to multiple cardiac risk factors but offered equivocal opinions about whether COVID-19 contributed. The WCJ found no injury AOE/COE and the widow sought reconsideration, arguing Dr. Weingarten's opinions were not substantial medical evidence. The WCAB agreed, finding the QME's analysis of COVID's role incomplete and amounting to speculation, and further noting the QME lacked medical records for the 22 months before death and that the autopsy he relied on was never admitted into evidence. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further development of the record.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.