WCPanelIQ
PanelQMEMed-legalDenied

Lor, Sayvanh

SAYVANH LOR, Applicant vs. CALIFORNIA MEDICAL FACILITY, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ16999983
Decision date
Dec 15, 2024
District office
Sacramento
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: hypertension, heart, stroke (cerebrovascular), internal organs

LC §3212.2LC §3212.10LC §4663LC §5900LC §5909CCR §10600

Summary

Sayvanh Lor, a correctional officer, claimed industrial injury in the form of hypertension with heart problems, stroke, and damage to internal organs. The WCJ found a cumulative industrial injury through August 18, 2022, resulting in permanent and total disability, applying the statutory presumptions of causation under Labor Code sections 3212.2 and 3212.10. Defendant (State Compensation Insurance Fund administering California Medical Facility) sought reconsideration, arguing the QME's reporting was not substantial medical evidence because the QME requested but never obtained a cardiac MRI that he acknowledged would offer greater diagnostic detail. The Board found that QME Dr. Nacouzi's echocardiogram-based findings of mild left ventricular hypertrophy were a reasonable and adequate basis for his opinion that applicant suffered 'heart trouble,' and that the cardiac MRI was only requested at defendant's prompting after the opinion was formed. The Board denied reconsideration, holding the presumption of compensability had not been rebutted and applicant was entitled to an unapportioned 100% PTD award.

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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