Gallegos, Nancy

Applicant Nancy Gallegos, an account manager at an insurance firm, contracted COVID-19 within two weeks of starting work in November 2020 and suffered devastating consequences. The WCJ found the COVID-19 infection arose out of and in the course of employment (AOE/COE), relying on the opinions of PQME Dr. Yima Yavari and treating physician Dr. Ronald Zlotolow, both of whom found industrial causation through contact tracing tied to a visibly ill coworker (Shirleen) and the employer's careless approach to COVID protocols. Defendant petitioned for reconsideration, arguing the WCJ failed to apply the narrow rule of compensability for infectious diseases under La Tourette and that applicant could not satisfy the increased-risk standard. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report, finding the etiology was clear, the medical evidence established industrial causation by reasonable medical probability, and the employer's conduct placed applicant at a higher risk than the general public.