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PanelQMEMed-legalDenied

Valencia, Carlos

CARLOS VALENCIA (Deceased); GLORIA VALENCIA; CELIA VALENCIA, Individually and as Guardian Ad Litem for KARINA VALENCIA, Applicants vs. OAKLAND UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Defendant

ADJ number: ADJ11292351
Decision date: Jan 21, 2024
District office: Oakland
WCJ: —
Claim administrator: Oakland Unified School District (Permissibly Self-Insured)
Commissioners: —

Injury / body parts: lungs

LC §3212LC §3212.3LC §3212.5LC §3212.7LC §3212.10LC §3213LC §3501LC §3502LC §5903LC §5952

Summary

School police sergeant Carlos Valencia died on December 24, 2017 from influenza that developed into pneumonia. The WCJ found his injury industrial because his employment placed him at increased risk of contracting influenza, but denied any statutory presumption of pneumonia under Labor Code section 3212 et seq. The WCJ found widow Gloria a total dependent and daughter Celia and granddaughter Karina partial dependents. Both parties sought reconsideration: defendant disputed industrial causation, while applicants argued for the pneumonia presumption and total dependency for Karina. The Board denied both petitions, holding that the section 3212 presumptions apply only to specifically enumerated job classifications (which do not include school district police), and that substantial medical evidence supported increased-risk causation and Karina's partial dependency.

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.