Home/Case Law/BRIAN SILVERIA (Deceased), CYNTHIA SILVERIA (Widow) vs. CITY OF SACRAMENTO FIRE DEPARTMENT
Regular DecisionWorkers' Compensation

BRIAN SILVERIA (Deceased), CYNTHIA SILVERIA (Widow) vs. CITY OF SACRAMENTO FIRE DEPARTMENT

Filed: Nov 01, 2013
Sacramento
ADJ7435576

CompFox AI Summary

This case concerns a deceased firefighter's widow claiming his suicide was work-related due to job stress. The defendant, City of Sacramento Fire Department, sought removal of an order overruling their objection to an untimely Qualified Medical Evaluator (QME) report. The Appeals Board granted removal but affirmed the original order, amending a finding to state the defendant did not prove a new QME panel was required. The Board reasoned that the QME's delay was excusable due to the defendant's failure to provide records and the QME's own medical emergency, and ordering a new panel would reward the defendant's dilatory tactics.

Full Decision Text1 Pages

This case concerns a deceased firefighter's widow claiming his suicide was work-related due to job stress. The defendant, City of Sacramento Fire Department, sought removal of an order overruling their objection to an untimely Qualified Medical Evaluator (QME) report. The Appeals Board granted removal but affirmed the original order, amending a finding to state the defendant did not prove a new QME panel was required. The Board reasoned that the QME's delay was excusable due to the defendant's failure to provide records and the QME's own medical emergency, and ordering a new panel would reward the defendant's dilatory tactics.

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