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Frazier III, Ruben

RUBEN FRAZIER III, Applicant vs. STATE of CALIFORNIA DEPARTMENT OF CORRECTIONS and REHABILITATION - FOLSOM STATE PRISON, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND/ STATE CONTRACT SERVICES, Defendants

ADJ number: ADJ10821987
Decision date: Feb 29, 2024
District office: Sacramento
WCJ: —
Claim administrator: State Compensation Insurance Fund / State Contract Services (administering State of California Department of Corrections and Rehabilitation - Folsom State Prison, legally uninsured)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: brain/nervous system (stroke), heart/cardiovascular system, gastrointestinal system, hypertension

LC §5952LC §5701LC §5906

Summary

Applicant, a correctional officer, claimed a cumulative trauma injury including a stroke (brain/nervous system) during his employment. The internal medicine QME (Dr. Mahmoudi) and neurology QME (Dr. Rutchik) both ultimately deferred the question of whether applicant's cardiac/cardiovascular conditions caused the stroke to a cardiologist. The WCJ found the stroke industrial, but defendant sought reconsideration arguing the QME reports were not substantial evidence. The Board granted reconsideration, found that because both QMEs deferred causation to a cardiologist their opinions were not substantial evidence, deferred the AOE/COE issue as to the stroke, and remanded for development of the record via a cardiologist AME or court-appointed regular physician.

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.