Home/Case Law/RAUL MAGDALENO (Deceased) PATRICIA MAGDALENO JESUS MAGDALENO vs. A&M FOWER GROWERS, INC., ZENITH INSURANCE COMPANY
Regular DecisionPetition for Reconsideration

RAUL MAGDALENO (Deceased) PATRICIA MAGDALENO JESUS MAGDALENO vs. A&M FOWER GROWERS, INC., ZENITH INSURANCE COMPANY

Filed: Apr 03, 2023
Van Nuys
ADJ10931214

CompFox AI Summary

This case concerns the denial of a Petition for Reconsideration by A&M Flower Growers, Inc. and Zenith Insurance Company regarding the death of Raul Magdaleno. The defendants contested the finding that Magdaleno sustained an industrial injury to his heart leading to his death on March 9, 2017. The Workers' Compensation Appeals Board (WCAB) adopted the Administrative Law Judge's (ALJ) report, which found that Magdaleno's use of NSAIDs for a work-related back strain, however minimal, was a contributing factor to his fatal heart attack. The WCAB relied on the credible testimony of the surviving spouse and the expert medical opinions of Dr. Weber, who opined that employment was a contributing cause without which the injury would not have occurred, citing relevant California Supreme Court precedent.

Full Decision Text1 Pages

This case concerns the denial of a Petition for Reconsideration by A&M Flower Growers, Inc. and Zenith Insurance Company regarding the death of Raul Magdaleno. The defendants contested the finding that Magdaleno sustained an industrial injury to his heart leading to his death on March 9, 2017. The Workers' Compensation Appeals Board (WCAB) adopted the Administrative Law Judge's (ALJ) report, which found that Magdaleno's use of NSAIDs for a work-related back strain, however minimal, was a contributing factor to his fatal heart attack. The WCAB relied on the credible testimony of the surviving spouse and the expert medical opinions of Dr. Weber, who opined that employment was a contributing cause without which the injury would not have occurred, citing relevant California Supreme Court precedent.

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