Home/Case Law/ELSA GARCIA JOFFRE GARCIA (Deceased) vs. U.S. BANK, OLD REPUBLIC
Regular DecisionDecision After Reconsideration

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

Filed: Apr 21, 2023
Anaheim
ADJ14627934

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior finding, remanding the case for further proceedings. The Board determined that the statutory presumption of industrial injury for COVID-19 did not apply as there was insufficient evidence of an "outbreak" at the applicant's workplace. Therefore, the applicant must now prove industrial causation without the benefit of this presumption. This requires substantial medical evidence to establish that the applicant contracted COVID-19 during the course of employment.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior finding, remanding the case for further proceedings. The Board determined that the statutory presumption of industrial injury for COVID-19 did not apply as there was insufficient evidence of an "outbreak" at the applicant's workplace. Therefore, the applicant must now prove industrial causation without the benefit of this presumption. This requires substantial medical evidence to establish that the applicant contracted COVID-19 during the course of employment.

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