Nichole Jackson — ADJ13319190

Applicant Nichole Jackson, a probation officer for the County of Los Angeles, was found by a WCJ to have sustained industrial injury (COVID-19, circulatory, respiratory, and psyche) while working on March 11, 2020, based both on QME internist Dr. Hirsch's causation opinion and the Labor Code section 3212.86 COVID-19 presumption. Defendant sought reconsideration, arguing Dr. Hirsch's report lacked a complete history and that the section 3212.86 presumption did not apply. The Board agreed the presumption did not apply because applicant's last day of in-person work (March 11, 2020) fell outside the statutory window of March 19, 2020 to July 5, 2020. The Board also found Dr. Hirsch's report was not substantial evidence because it relied on an inaccurate history (e.g., that applicant was around hundreds of people daily and had no co-workers diagnosed). The Board granted reconsideration, rescinded the Findings of Fact, and remanded for further development of the record on industrial causation.