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Devon Fitzgerald — ADJ11815084

DEVON FITZGERALD, Applicant vs. CITY OF NEWPORT BEACH - POLICE DEPARTMENT, permissibly self-insured, administered by ADMINSURE INC., Defendants

ADJ number: ADJ11815084
Decision date: Apr 28, 2021
District office: Van Nuys
WCJ: —
Claim administrator: AdminSure Inc.
Commissioners: DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: leukemia (acute myeloid/promyelocytic), blood/hematopoietic system, ANCA-vasculitis (polyangiitis with granulomatosis)

LC §3212.1LC §5900LC §5902LC §5903LC §5906LC §5952LC §5701LC §830.1LC §830.2LC §830.37

Summary

Applicant Devon Fitzgerald, a crime scene investigator for the City of Newport Beach Police Department, claimed leukemia (AML) as an industrial injury arising from chemical exposure. The WCJ found injury AOE/COE based on the reports and deposition testimony of internal medicine QME Dr. Lawrence Miller. Defendant sought reconsideration, arguing Dr. Miller's opinions were not substantial evidence because he expressly applied the Labor Code section 3212.1 firefighter/police officer presumption that does not apply to a crime scene investigator. The Board agreed, finding Dr. Miller's causation opinion rested on an incorrect legal theory, speculation, and his own admission that he would defer causation to a hematologist. The Board rescinded the Findings and returned the matter to the WCJ to develop the record, suggesting an internal medicine-hematology AME or a regular physician.

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.