WCPanelIQ
PanelDenied

Yuri Markevitch — ADJ8906863

YURI MARKEVITCH, Applicant vs. HITACID GLOBAL STORAGE TECHNOLOGY; TOKIO MARINE and FIRE INSURANCE COMPANY LTD, administered by BROADSPIRE, Defendants

ADJ number
ADJ8906863
Decision date
Feb 16, 2023
District office
San Jose
WCJ
David L. Lauerman
Claim administrator
Broadspire (TPA for Tokio Marine and Fire Insurance Company Ltd)
Commissioners
—

Injury / body parts: lungs, body systems

Summary

Applicant Yuri Markevitch traveled to China and the Philippines on his employer's business between 7/17/2012 and 8/4/2012 and contracted Legionnaire's disease (Legionella pneumonia) during the trip, likely at one of his hotels. The WCJ found the injury AOE/COE under the commercial traveler rule and awarded medical care, deferring other benefits. Defendant petitioned for reconsideration, arguing that infectious disease cases require a different, special version of the commercial traveler rule that applicant failed to meet. The WCAB denied reconsideration, adopting the WCJ's report, holding that because medical evidence established when and where applicant contracted the disease (during business travel), the injury arose out of and in the course of employment and there was no need to reach the special-risk/greater-than-general-public question.

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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