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PanelQMEMed-legalGranted

Perez, Jess

JESS PEREZ, Applicant vs. SOUTHERN CALIFORNIA GAS COMPANY, permissibly self-insured, Defendants

ADJ number: ADJ14362966
Decision date: Nov 2, 2023
District office: Van Nuys
WCJ: —
Claim administrator: Southern California Gas Company (permissibly self-insured, administered by Southern Cal Gas)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: COVID-19 infection

LC §5952

Summary

Applicant Jess Perez, an Energy Technician for Southern California Gas Company, claimed he contracted COVID-19 from a customer encounter on November 14, 2020, after being dispatched to a residence flagged 'Caution, customer tested positive for COVID-19.' The WCJ found no injury AOE/COE, relying on QME Dr. L.V. Alonso's opinion that occupational exposure had not occurred, and ordered applicant take nothing. On reconsideration, the WCAB found Dr. Alonso's report was not substantial medical evidence because it failed to provide any scientific basis or reference medical research explaining how COVID-19 is transmitted. The Board granted reconsideration, rescinded the F&O, and returned the matter to the WCJ to allow deposition of Dr. Alonso and/or a supplemental report providing a reasoned analysis.

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.