Ramirez, Jose

Applicant Jose Ramirez claimed an industrial bacterial infection (streptococcus viridans) that led to amputation of his left leg above the knee while working as a general laborer in a rose nursery for Altman Specialty Plants. The WCJ found industrial injury, but defendant sought reconsideration arguing the medical reporting from PQME Dr. Karody was conclusory and not substantial evidence. The Board determined the parties wrongly litigated the case as a direct occupational disease when no evidence established the point of infection, requiring instead application of the Latourette 'increased risk' standard for nonoccupational disease, which was never presented to the doctors. The Board also discovered that applicant had died and that no dependents or estate representative had been joined, meaning the matter improperly proceeded to trial without all necessary parties. The Board rescinded the September 10, 2021 Findings of Fact and returned the matter to the trial level for further development of the record and proper joinder. A separate companion order corrected a clerical error in the service date.