WCPanelIQ
PanelQMEMed-legalLienRemanded

Albert Diaz — ADJ12515673

ALBERT DIAZ, Applicant vs. STATE OF CALIFORNIA, CALIFORNIA MILITARY DEPARTMENT, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ12515673
Decision date
Sep 21, 2021
District office
Salinas
WCJ
Michael H. Young
Claim administrator
State Compensation Insurance Fund (administering for State of California, California Military Department, legally uninsured)
Commissioners
—

Injury / body parts: lungs

LC §4656LC §5813LC §4604.5LC §5900

Summary

Applicant Albert Diaz, a plumber for the California Military Department, contracted Valley Fever (coccidioidomycosis) affecting his lungs after a November 15, 2018 industrial exposure. The WCJ found applicant had 'chronic lung disease' under Labor Code section 4656(c)(3)(I), entitling him to up to 240 weeks of temporary total disability, plus reimbursement for self-procured treatment subject to an Anthem Blue Cross lien. The Appeals Board granted reconsideration and concluded the record lacked substantial medical evidence supporting a diagnosis of 'chronic lung disease,' because the PQME (Dr. Lonky/Lonkey, a pulmonologist) never made that diagnosis in his reports. The Board held the question of whether applicant has 'chronic lung disease' is a medical question requiring expert opinion, not lay testimony. The Board affirmed in part, rescinded the relevant award paragraphs, amended the findings to defer the disputed issues, and returned the matter to the trial level for further development of the medical record via a supplemental report from Dr. Lonky.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.