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PanelQMEMed-legalDenied

Soksoda Kehoe, Julie

JULIE SOKSODA KEHOE, Applicant vs. SHASTA COUNTY DISTRICT ATTORNEY’S OFFICE, permissibly self-insured, as administered by SHASTA COUNTY RISK MANAGEMENT, Defendants

ADJ number
ADJ16043082
Decision date
Dec 17, 2023
District office
Redding
WCJ
Curt Swanson
Claim administrator
Shasta County Risk Management (permissibly self-insured Shasta County District Attorney's Office)
Commissioners
—

Injury / body parts: lungs/pneumonia, brain/cognitive (neuro-cognitive deficits), COVID-19 systemic infection, respiratory (acute respiratory failure, pneumomediastinum, pneumothoraxes)

LC §3212.87LC §3212.5

Summary

Julie Soksoda Kehoe, a 36-year-old District Attorney Investigator for Shasta County, contracted COVID-19 in August 2021, developing pneumonia and neuro-cognitive deficits. She invoked the rebuttable industrial presumption of Labor Code section 3212.87 (frontline workers) and 3212.5 (pneumonia for peace officers). The defendant, permissibly self-insured Shasta County administered by Shasta County Risk Management, denied liability, arguing she caught the virus from her daughter and that no Shasta County employees were known COVID-positive in August 2021. The WCJ found the presumptions applied and were not rebutted, because the defendant offered only speculative, non-substantial evidence (no medical analysis attributing infection to the daughter) while the applicant had extensive non-employee work exposures. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion, and giving great weight to the WCJ's credibility determinations under Garza.

Issues

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Holding

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Analysis

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Defense takeaway

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