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Baltazar Garibay Cardenas (Dec) — ADJ11075172

BALTAZAR GARIBAY CARDENAS (Deceased), Applicant vs. PITMAN FAMILY FARMS, Permissibly Self-Insured; administered by RISICO CLAIMS, Defendants

ADJ number: ADJ11075172
Decision date: Apr 24, 2022
District office: Fresno
WCJ: Angelique Scott
Claim administrator: Risico Claims (administering for Pitman Family Farms, Permissibly Self-Insured)
Commissioners: —

Injury / body parts: cardiovascular system (hypertension), brain (subarachnoid hemorrhage), death

LC §4703.5LC §3600CCR §10945

Summary

Baltazar Garibay Cardenas, a forklift driver for Pitman Family Farms, died in the employer's parking lot on 11/28/2016 from a subarachnoid hemorrhage caused by a ruptured cerebral vessel secondary to hypertensive atherosclerotic cardiovascular disease. PQME James Schmitz, M.D., opined that decedent's long work hours (60+ per week) caused or aggravated his hypertension, which contributed to the fatal hemorrhage, finding the death industrial. The WCJ found Dr. Schmitz's opinions constituted substantial medical evidence and that the death arose out of employment. Defendant petitioned for reconsideration, arguing Dr. Schmitz's opinions were speculative and based on inadequate understanding of decedent's medical/familial history, job duties, and the cited scientific studies. The WCAB adopted the WCJ's report (except for the dismissal recommendation) and denied reconsideration.

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.