DAVID KIM, Applicant vs. SHOULDA BEEN THERE, LLC, DBA THE FAT FISH; MID-CENTURY INSURANCE COMPANY, Defendants
ADJ number
ADJ11342807
Decision date
Apr 3, 2022
District office
San Diego District Office
WCJ
Andrew J. Shorenstein
Claim administrator
Mid-Century Insurance Company
Commissioners
—
Injury / body parts: stroke, left side of body, left upper extremity, left lower extremity, left hip, speech, psyche, cognition, sleep disorder, bowel/bladder
LC §3600
Summary
Executive Chef David Kim suffered a stroke at work on February 18, 2018, claiming it arose out of and in the course of employment along with numerous compensable consequence injuries. The undisputed facts established the stroke occurred during work hours while performing job duties; the contested issue was whether it also arose out of employment (AOE). Neurologic PQME Dr. Fortanasce opined that work stress was a contributing factor in elevating Kim's blood pressure and causing the stroke, while internal medicine PQME Dr. Majcher attributed the stroke to high blood pressure without finding industrial causation. The WCJ found applicant's credible testimony established significant work stress and relied on Dr. Fortanasce's reporting to find industrial causation. The WCAB denied defendant's Petition for Reconsideration, adopting the WCJ's report and confirming that work need only be a contributing cause of injury.
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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