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PanelGranted

Vi Tri Lieu — ADJ15071496, ADJ14868756

VI TRI LIEU (deceased), CHAI SAECHAO, Applicant vs. BOTTLING GROUP dba PEPSICO; administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ15071496, ADJ14868756
Decision date: Sep 20, 2022
District office: Oakland District Office; Sacramento District Office
WCJ: —
Claim administrator: Sedgwick Claims Management Services
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: COVID-19 infection (death)

LC §5502LC §5952CCR §10759CCR §10670CCR §10803

Summary

Applicant Chai Saechao, the putative spouse of decedent Vi Tri Lieu, claimed that Lieu sustained a work-related COVID-19 infection that caused his death while employed by Bottling Group dba PepsiCo. Competing applications were filed in Sacramento (ADJ14868756) and Oakland (ADJ15071496), prompting a venue and consolidation dispute. The WCJ issued a January 12, 2022 Order denying defendant's Petition for Change of Venue and consolidating the claims for trial, which defendant challenged by Petition for Removal. The Appeals Board found that no adequate trial record existed—no exhibits were admitted and the declarations referenced were not evidence—so it could not review the merits. The Board granted removal, rescinded the January 12, 2022 Order, and returned the matter to the WCJ to create a proper record and conduct further proceedings.

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.