MANUEL FLORES (Deceased); VERONICA REYES VARGAS, Guardian Ad Litem and Trustee for minor children DANIELA FLORES REYES, LUIS ENRIQUE FLORES REYES, JOSE MANUEL FLORES, and JACKELYNE FLORES REYES, Applicants vs. NEIL DRYSDALE, Permissibly Self-Insured, Administered by FINISH LINE SELF-INSURANCE GROUP, Defendants
ADJ number
ADJ10234372
Decision date
Apr 1, 2021
District office
Van Nuys
WCJ
Randal Hursh
Claim administrator
Finish Line Self-Insurance Group (administrator for Neil Drysdale, Permissibly Self-Insured)
Commissioners
—
Injury / body parts: heart, death, face, head, left knee, neck, back, stomach/abdomen
Summary
Manuel Flores, a 50-year-old groom for self-insured employer Neil Drysdale, died on June 6, 2015 following heart failure and three-valve open-heart surgery. His dependents filed a death benefits claim alleging an industrial heart injury. The parties agreed to use Jeffrey Hirsch, M.D. as an Agreed Medical Evaluator, who concluded the death was not industrial in origin, instead attributing it to long-standing valvular heart disease (likely rheumatic in origin from childhood) rather than work-related trauma. The WCJ found the death was non-industrial and that Dr. Hirsch's reporting constituted substantial medical evidence while the reports of Drs. Musher and Gofnung did not. The WCAB adopted the WCJ's Report and Recommendation and denied applicant's Petition for Reconsideration.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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