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PanelQMEMed-legalGranted

Garcia, Joffre

ELSA GARCIA, JOFFRE GARCIA (Deceased), Applicant vs. U.S. BANK; OLD REPUBLIC, Defendants

ADJ number: ADJ14627934
Decision date: Jun 8, 2025
District office: Anaheim
WCJ: Howard Lemberg
Claim administrator: Old Republic
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: COVID-19, death

LC §3218.88LC §3212.88LC §5909LC §5900LC §3600LC §3202.5LC §5701LC §5906CCR §10600

Summary

Joffre Garcia, a bank teller, became symptomatic with COVID-19 on November 16, 2020, tested positive, and died at home on November 26, 2020. His widow Elsa Garcia pursued a death claim, initially won on a Labor Code section 3212.88 presumption, but the Appeals Board found the presumption inapplicable and returned the matter for a determination of industrial causation without the presumption. After a new WCJ found no AOE/COE injury and ordered applicant take nothing, applicant sought reconsideration. The Board granted reconsideration, finding that the QME's opinion was not substantial medical evidence because it rested on surmise, speculation, and conjecture regarding conflicting dates of co-worker Rosie Pinto's positive test and last day worked. The Board rescinded the February 26, 2025 F&O and returned the matter to the WCJ to consider whether further medical-legal development of the record is necessary.

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.