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Christopher Johnson — ADJ11164231

CHRISTOPHER JOHNSON (DEC), Applicant vs. COUNTY OF SAN DIEGO; permissibly self-insured, Defendants

ADJ number: ADJ11164231
Decision date: Sep 27, 2021
District office: San Diego District Office
WCJ: Mark Romano
Claim administrator: County of San Diego (permissibly self-insured)
Commissioners: —

Injury / body parts: heart, cardiovascular system

LC §3212LC §3212.5

Summary

Christopher Johnson, a deputy sheriff for 28 years (1988-2016), died on November 15, 2017, approximately one year after retiring, while attending a wedding in Michigan, with his fiancée witnessing him clutch his chest at death. The WCJ found that decedent's heart trouble manifested during the statutory presumption period and applied the cardiovascular presumption under Labor Code section 3212.5, finding the death AOE/COE. The WCJ deemed PQME Dr. Bower's reports non-substantial due to factual errors, reliance on incomplete records, and an incorrect legal theory, while crediting the fiancée's testimony and Kaiser records showing chest pain, CAD, and an abnormal EKG. The WCAB adopted the WCJ's report, gave great weight to his credibility determination under Garza, and denied the defendant's Petition for 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.

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.