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PanelQMEMed-legalDenied

Rodriguez, Margarita

MARGARITA RODRIGUEZ (Deceased) by EMILIO SOTO, Applicant vs. PERSONNEL STAFFING GROUP LLC dba MVP PAYROLL LCF PRIORITY BUSINESS SERVICES INC. dba PRIORITY WORKFORCE; UNITED WISCONSIN INSURANCE COMPANY as administered by NEXT LEVEL ADMINISTRATORS, Defendants

ADJ number: ADJ14538014
Decision date: Jul 22, 2024
District office: Van Nuys
WCJ: Jeffrey Marrone
Claim administrator: Next Level Administrators (administering for United Wisconsin Insurance Company)
Commissioners: —

Injury / body parts: COVID-19 (death), respiratory/systemic

Summary

Margarita Rodriguez, a laborer employed through a staffing agency and working at PLI Card Marketing, died of COVID-19 on 3/13/2021 after testing positive on 2/24/2021. Because her positive test fell outside any legislative COVID presumption period, the claim was treated as a non-occupational communicable disease requiring medical proof of industrial causation. The WCJ found that the PQME report of Dr. Engelberg constituted substantial medical evidence establishing within reasonable medical probability that the decedent contracted COVID at work, and found the surviving spouse Emilio Soto credible. The WCAB adopted and incorporated the WCJ's report and denied defendants' Petition for Reconsideration, affirming the finding of industrial injury (AOE/COE).

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.