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Kevin Hernandez — ADJ12531807

KEVIN HERNANDEZ, Applicant vs. FRONTIER COMMUNICATIONS CORPORATION and ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ12531807
Decision date: Aug 11, 2022
District office: Riverside
WCJ: —
Claim administrator: Zurich American Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER

Injury / body parts: respiratory system, psyche, skin, nervous system

LC §5952LC §5701LC §5906

Summary

Applicant Kevin Hernandez claimed injury to his respiratory system (Valley Fever/coccidioidomycosis) during employment with Frontier Communications. The WCJ found injury AOE/COE to the respiratory system based on QME Dr. Sameer Gupta's reports. Defendant sought reconsideration, arguing Dr. Gupta's opinions relied on an inaccurate employment history and conflicted with treating physicians who diagnosed cutaneous/subcutaneous rather than respiratory coccidioidomycosis. The Board found Dr. Gupta's reports did not constitute substantial evidence because his history of significant trench exposure conflicted with applicant's testimony of a single trench incident, and his Valley Fever (lung) diagnosis conflicted with treating physicians' cutaneous diagnoses. The Board granted reconsideration, rescinded the Findings, and returned the matter to the WCJ for development of the record via an AME or a regular physician appointed under Labor Code section 5701.

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.