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PanelGranted

Sevillano, Sofia

SOFIA SEVILLANO, Applicant vs. STATE OF CALIFORNIA, IHSS, LEGALLY UNINSURED; ADMINISTERED BY YORK RISK SERVICES GROUP, A SEDGWICK COMPANY, Defendants

ADJ number: ADJ13511723
Decision date: Sep 27, 2022
District office: San Bernardino
WCJ: —
Claim administrator: York Risk Services Group, a Sedgwick Company (administering for State of California, IHSS, legally uninsured)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: lungs (pneumonia), COVID-19-related illness, throat, loss of appetite, loss of taste, weakness, breathing, eyesight, hands, memory loss, headaches, loss of hair, psyche, neurological problems, stress

LC §3212LC §3213LC §3212.86

Summary

Sofia Sevillano, a home healthcare worker employed by State of California/IHSS, claimed she contracted COVID-19 in the course of employment on June 26, 2020. The WCJ found the section 3212.86 presumption of industrial injury applied but that defendant rebutted it, finding applicant's testimony not credible and ordering applicant take nothing. On reconsideration, the WCAB held that defendant failed to meet its affirmative burden to rebut the presumption because it offered no substantial evidence (medical, testimonial, or otherwise) that applicant contracted COVID-19 from a non-industrial source. The Board rescinded the F&O and substituted a Findings & Award finding injury to applicant's lungs (pneumonia) and COVID-19-related illness, deferring all other body parts and awarding further medical treatment.

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.