WCPanelIQ
PanelQMEMed-legalDenied

Christophe Lelong — ADJ13173690

CHRISTOPHE LELONG, Applicant vs. BEVERLY HILLS POLICE DEPARTMENT, PERMISSIBLY SELF-INSURED, ADMINISTERED BY CORVEL, Defendants

ADJ number
ADJ13173690
Decision date
Feb 6, 2023
District office
Oxnard
WCJ
—
Claim administrator
CorVel (administering for Beverly Hills Police Department, Permissibly Self-Insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: sinuses, respiratory system, lungs

LC §3212LC §3213LC §3212.8CCR §10517

Summary

A Beverly Hills police officer sought and was awarded benefits for industrial injury to the sinuses and respiratory system after developing a Citrobacter koseri infection, which the WCJ found presumptively industrial under Labor Code section 3212.8 (blood-borne infectious disease presumption). Defendant petitioned for reconsideration, challenging applicant's credibility, the sufficiency of medical evidence, and the WCJ's interpretation of the presumption's scope. The Board affirmed, holding that 'blood-borne' means 'carried or transmitted by the blood' rather than 'originating in the blood,' and that the QME's confirmation that Citrobacter koseri is transmissible via blood satisfied the statutory definition. Because applicant was within the class of covered employees and the disease developed during employment, the presumption attached and shifted the burden to defendant, who failed to affirmatively rebut it with speculation about non-work exposure. The Board affirmed the Findings and Award.

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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