Garcia, Joffre

In this COVID-19 death claim, decedent Joffre Garcia, a bank employee at U.S. Bank, contracted COVID-19 in November 2020 and died on November 26, 2020. The Appeals Board had previously issued a June 9, 2025 decision rescinding the WCJ's February 26, 2025 Findings and Order and returning the matter to the trial level to consider whether further medical-legal reporting was needed for the QME's opinion to constitute substantial medical evidence. Defendant sought reconsideration of that June 9, 2025 decision, arguing the Board improperly extended the COVID-19 presumption, failed to apply the Bethlehem Steel 'materially greater risk' standard, and mischaracterized the QME's opinion. The Board held the June 9, 2025 decision was not a final order (because it merely rescinded the F&O and returned the matter for further proceedings), so it dismissed the petition for reconsideration. Treating the petition as one for removal, the Board denied it, finding no substantial prejudice or irreparable harm and clarifying that the COVID-19 presumption analysis is distinct from the Bethlehem Steel special-risk analysis.