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PanelQMEMed-legalGranted

Gaska, David

DAVID GASKA (deceased), JOAN GASKA, ERICA GRAY, and GAVIN NEIL BELCHER, Applicants vs. SEARLES VALLEY MINERALS; XL SPECIALTY INSURANCE, administered by TRISTAR RISK MANAGEMENT, Defendants

ADJ number: ADJ14258730
Decision date: Oct 12, 2023
District office: Bakersfield
WCJ: —
Claim administrator: TriStar Risk Management (administering XL Specialty Insurance)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: Covid-19 infection, liver (pre-existing disease aggravation), death

LC §3600LC §3202.5LC §5952LC §5701LC §5906

Summary

David Gaska, a buyer for Searles Valley Minerals, contracted Covid-19 in early December 2020 and died on January 8, 2021. His dependents claimed an industrial death, and after trial the WCJ found that Gaska sustained injury AOE/COE in the form of Covid-19 resulting in death. Defendant sought reconsideration, arguing the injury did not arise out of and in the course of employment. The Board granted reconsideration, finding that the QME's opinion was framed conditionally ('if it can be confirmed...') and did not assign any probability of work-related exposure, rendering it speculative and not substantial evidence. The Board rescinded the FF and returned the matter to the WCJ to further develop the medical record.

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.