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PanelQMEMed-legalRemanded

Gonzalez, Ellie

ELLIE GONZALEZ, Applicant vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ12104893
Decision date
Jun 27, 2021
District office
Los Angeles
WCJ
—
Claim administrator
Sedgwick Claims Management Services
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: chest, circulatory system, digestive system, respiratory system, lumbar spine, cervical spine, sexual dysfunction, bilateral upper extremities, right lower extremity, stress, anxiety, depression, sleep with insomnia

LC §5900

Summary

Ellie Gonzalez, an assistant principal for LAUSD, claimed she contracted disseminated coccidioidomycosis (Valley Fever) from exposure to wildfire smoke and fungal spores while working in the Sylmar area during the December 2017-June 2018 cumulative trauma period. The WCJ denied the claim, relying primarily on PQME Dr. Zagelbaum's opinion that the roughly six-month gap between exposure and onset of severe disease exceeded the disease's short latency period (about 2-3 weeks). The Appeals Board granted reconsideration and found the WCJ misapplied applicant's burden of proof, raised due process concerns about a 'moving target,' and concluded the record required further development on two issues: whether applicant was actually exposed to fungal spores at work, and the latency period of Valley Fever. The Board rescinded the WCJ's Findings and Order and returned the matter to the trial level for further proceedings and a new decision, expressing no final opinion on industrial causation.

Issues

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Holding

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Defense takeaway

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