ADAN FLORES (deceased), Applicant vs. JD AND LA TRUCKING, INC.; NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, administered by NORTH AMERICAN RISK SERVICES, Defendants
ADJ number
ADJ12008723
Decision date
Aug 4, 2022
District office
Van Nuys
WCJ
Todd T. Kelly
Claim administrator
North American Risk Services (administering National Liability and Fire Insurance Company)
Commissioners
—
Injury / body parts: heart, internal, brain, cardiovascular system (hypertension/atherosclerotic disease), death
CCR §10961
Summary
Adan Flores, a 55-year-old truck driver with over 15 years at JD and LA Trucking, died on August 28, 2018, found face down next to his truck while connecting/disconnecting hoses from a helium tanker. His daughter Gloria Flores pursued a death claim alleging that physical and psychological work trauma aggravated his hypertension and atherosclerotic cardiovascular disease, causing death. The PQME, Dr. Minal Borsada, opined that decedent's job duties (long hours, lack of sleep, poor diet, acute physical exertion, hazardous material transport, deadlines) contributed to his hypertension and arteriosclerosis to a reasonable degree of medical probability. The WCJ found industrial causation and the WCAB denied defendant's Petition for Reconsideration, adopting the WCJ's report. The Board concluded that the totality of evidence, including circumstantial evidence under the 'mysterious death doctrine,' constituted substantial medical evidence supporting AOE/COE.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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