WCPanelIQ
PanelQMEMed-legalDenied

Shergill, Kuldip (Dec.)

KULDIP SHERGILL (DEC.), et al., Applicants vs. DEPT. OF DEVELOPMENTAL SERVICES; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ11238147
Decision date
Oct 12, 2025
District office
Sacramento
WCJ
Darcy Kosta
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: psyche, heart, alcohol abuse disorder (death)

LC §5909LC §5900LC §139.2LC §3212.10CCR §35.5CCR §31.5CCR §31.7CCR §32.6

Summary

The widow of Kuldip Shergill, a Department of Developmental Services investigator who died from acute pancreatitis caused by alcohol consumption and hypertriglyceridemia, sought to establish that her husband's psychiatric/alcohol disorder, heart condition, and death were industrially caused during a cumulative trauma period from October 15, 2016 to October 15, 2017. The WCJ found the death non-industrial after the psychiatric PQME, Dr. Sylvia Shirikian, found no evidence of an industrially related psychiatric condition or work stress that would link the decedent's alcohol abuse to his employment. Applicant petitioned for reconsideration, arguing Dr. Shirikian was not qualified to opine on the causation of alcohol abuse disorder and that the decedent was entitled to the heart presumption under Labor Code section 3212.10. The Appeals Board denied reconsideration, adopting the WCJ's Report, finding Dr. Shirikian was a qualified QME in psychology whose opinion constituted substantial medical evidence and that applicant failed to meet the AOE/COE burden. The Board also confirmed the decedent was not a covered peace officer under Penal Code section 830.5 and thus not entitled to the heart presumption.

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