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PanelQMEDenied

Garcia, Leonel

LEONEL GARCIA, Applicant vs. STATE OF CALIFORNIA, CALIFORNIA INSTITUTION FOR WOMEN, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency, Defendants

ADJ number: ADJ13321226
Decision date: Jul 23, 2023
District office: Santa Barbara
WCJ: Heather L. Hirsch
Claim administrator: State Compensation Insurance Fund / State Contract Services (adjusting agency for State of California, California Institution for Women, legally uninsured)
Commissioners: —

Injury / body parts: heart

LC §3212.10LC §3212.2

Summary

Leonel Garcia, a correctional officer employed from August 2007 through June 2020, claimed an industrial heart injury (aortic valve disease and hypertensive heart disease). The parties stipulated that the Labor Code section 3212.10 presumption applied, establishing a prima facie case of industrial heart trouble. After trial, the WCJ found the defendant failed to rebut the presumption and issued a Findings and Award in favor of applicant. Defendant petitioned for reconsideration arguing the PQME, Dr. Weber, had changed his causation opinion at deposition. The WCAB adopted the WCJ's report and denied reconsideration, holding the defendant failed to present substantial medical evidence that the employment had no causal connection to the heart trouble.

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.