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PanelQMEMed-legalGranted

Stainbrook, Michael

MICHAEL STAINBROOK, Applicant vs. CITY OF WILLITS, permissibly self-insured by CIRA, administered by LWP CLAIMS SOLUTIONS, INC., Defendants

ADJ number: ADJ15874650
Decision date: Oct 30, 2023
District office: Santa Rosa
WCJ: —
Claim administrator: LWP Claims Solutions, Inc. (administering for City of Willits, permissibly self-insured by CIRA)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, NATALIE PALUGYAI, COMMISSIONER

Injury / body parts: respiratory system, psyche, COVID-19 (systemic infection)

LC §3600LC §3600.1LC §3202.5

Summary

Applicant, a police dispatcher for the City of Willits, claimed his August 2021 COVID-19 infection (which resulted in hospitalization, a coma, and long-hauler symptoms) was industrial. The WCJ found applicant failed to meet his burden of proving industrial causation and ordered him to take nothing. On reconsideration, the WCAB rescinded the Amended Findings and Order, holding that the PQME's opinion was substantial medical evidence and that applicant's uncontradicted, unimpeached deposition testimony established that he contracted COVID-19 from infected co-workers at work. The Board found the record sufficient to establish injury AOE/COE in the form of COVID-19, deferred the issue of injury to other body parts, and returned the matter to the trial level for further proceedings.

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.