Quang Nhat Trinh (Dec) — ADJ14834670

Quang Nhat Trinh, an IHSS in-home caregiver, contracted COVID-19 in December 2020 while caring for a patient (Chris Le) and died on December 17, 2020. The WCJ found injury AOE/COE by COVID-19 resulting in death and found that IHSS failed to prove decedent had concurrent employment with a restaurant. IHSS sought reconsideration, arguing the PQME report of Dr. Betsy Kuriakose did not constitute substantial medical evidence. The WCAB denied reconsideration, holding that Dr. Kuriakose's report was well-reasoned, based on adequate history, and disclosed a solid underlying basis for finding that decedent contracted COVID-19 from his patient at work. The Board emphasized that the COVID-19 presumptions (SB 1159) were not raised and the case was decided on the evidentiary record showing the employer, decedent, and co-worker spouse all contracted COVID-19 within days of each other.