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Augustin Ramirez — ADJ11333725

AUGUSTIN RAMIREZ (DECEASED), Applicant vs. FRITO-LAY, INC.; ACE AMERICAN INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ11333725
Decision date
May 19, 2021
District office
Anaheim District Office
WCJ
Stefanie Ashton
Claim administrator
Sedgwick Claims Management Services, Inc. (administering ACE American Insurance Company)
Commissioners
—

Injury / body parts: heart/cardiovascular system (coronary artery disease), internal injury resulting in death, brain (anoxic injury), psyche (depression/anxiety)

Summary

Applicant/decedent Augustin Ramirez worked the graveyard shift as a custodian for Frito-Lay from January 1, 1997 through February 24, 2017, when he was found unresponsive at work after cardiac arrest; he died on July 7, 2017 from cardiac arrest secondary to coronary artery disease. The WCJ found the death arose out of and in the course of employment based on PQME Dr. Richard Hyman's opinion that work-related stress from years of shift work and sleep deprivation contributed at least one percent to the decedent's coronary artery disease. Defendant petitioned for reconsideration, arguing Dr. Hyman's reporting was not substantial medical evidence because he deferred certain credibility determinations to the trier of fact. The WCAB denied reconsideration, adopting the WCJ's report, finding that Dr. Hyman's opinion satisfied the Escobedo standard and that proper deference to the WCJ on the widow's unrebutted credibility did not undermine the opinion's evidentiary value.

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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