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PanelQMEMed-legalGranted in Part

Henrietta Collins — ADJ11360280, ADJ12092966

HENRIETTA COLLINS, Applicant vs. AC TRANSIT, Permissibly Self-Insured, Adjusted By ATKINS ADMINISTRATORS, Defendant

ADJ number: ADJ11360280, ADJ12092966
Decision date: Oct 14, 2021
District office: Oakland
WCJ: —
Claim administrator: Atkins Administrators (for AC Transit, Permissibly Self-Insured)
Commissioners: AMBER A. INGELS, DEPUTY COMMISSIONER

Injury / body parts: heart (cardiac arrest), cardiomyopathy, cardiac arrhythmia, neurologic/anoxic encephalopathy, psyche

LC §3208.3

Summary

Applicant Henrietta Collins, a bus driver, sought reconsideration of two concurrent WCJ decisions: one finding no cumulative industrial cardiac arrest injury (ADJ11360280) and one finding the November 2016 sexual-assault psychiatric injury did not cause her cardiac arrest (ADJ12092966). The Board affirmed the psyche-related decision but rescinded the cardiac-arrest decision, finding the WCJ erroneously applied the heightened psychiatric-injury causation standard to a physical injury claim. Relying on internist Dr. Larach's opinion that industrial stress contributed at least 1% to her cardiomyopathy and cardiac arrest, the Board found compensable cumulative industrial injury in the form of cardiac arrest. The Board emphasized that physical injuries caused by stress require only that work stress be a contributing cause, not the predominant cause. The AME psychologist's opinion was rejected on causation of heart disease because he was not a medical doctor.

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.