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Peter Shuere — ADJ11413863

PETER SHUERE, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF YOUTH AUTHORITY, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS, Defendants

ADJ number: ADJ11413863
Decision date: Feb 7, 2021
District office: Oxnard
WCJ: —
Claim administrator: State Compensation Insurance Fund / State Contracts (administering for the legally uninsured State of California, Department of Youth Authority)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: respiratory system, valley fever (coccidioidomycosis)

LC §3600LC §3202.5

Summary

Applicant Peter Shuere, a vocational instructor for the State of California Department of Youth Authority, was found by the WCJ to have sustained an industrial injury to his respiratory system in the form of valley fever (coccidioidomycosis) over a cumulative period from January 14, 2014 through June 1, 2018. Defendant petitioned for reconsideration, arguing that PQME Dr. Eli Hendel's opinion was not substantial medical evidence because his conclusion of industrial causation lacked adequate factual analysis, and that applicant was not at greater risk than the general public. The WCAB found that Dr. Hendel framed his opinion in terms of reasonable medical probability and set forth supporting reasoning based on applicant's proportion of time spent outdoors at work versus home. The Board denied reconsideration, adopting and incorporating the WCJ's Report.

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.