Garcia, Mauricio

Applicant Mauricio Garcia, a warehouse worker for Kern High School District, claimed a September 7, 2021 industrial COVID-19 infection that resulted in severe complications and prolonged hospitalization. The parties stipulated that the Labor Code section 3212.88 presumption applied, and the WCJ found the infection AOE/COE relying on PQME Dr. Stewart Lonky's opinion. Defendant petitioned for reconsideration, arguing the presumption was rebutted because applicant was 'Patient Zero' (the first warehouse worker to report a positive test) and that Dr. Lonky's reports were not substantial medical evidence. The WCJ's Report rejected these arguments, noting COVID's non-linear infection patterns, the existence of numerous other potential sources (applicant's wife, vendors, delivery drivers), and the absence of medical support for the Patient Zero theory. The Appeals Board granted reconsideration to allow further study of factual and legal issues, including whether the section 3212.88 presumption applies, and deferred a final decision on the merits.