Clevenger, James

James Clevenger, a CHP officer, claimed an industrial COVID-19 injury with a date of injury of October 19, 2020, and was diagnosed with COVID-19 on October 23, 2020, then hospitalized for four days. The parties stipulated that the Labor Code section 3212.87 presumption of industrial causation applied, and the WCJ found defendant failed to overcome the presumption. Defendant sought reconsideration, arguing the WCJ failed to address the date of symptom onset, that applicant's testimony was unreliable, and that defendant rebutted the presumption by showing nonindustrial exposure (shed-building and a Las Vegas trip). The WCAB denied reconsideration, holding that the presumption attaches based on a qualifying diagnosis within 14 days of work and does not depend on symptom onset or incubation periods. The Board found defendant offered only speculation regarding alternate exposure vectors, which is insufficient to meet its burden, and declined to disturb the WCJ's credibility findings.