Home/Case Law/Belen Ramirez vs. SATE OF CLALIFORNIA, DEPARTMENT OF CORRECTIONS/HEMAN STARK YOUTH CORRECTIONAL FACILITY
Regular DecisionReconsideration

Belen Ramirez vs. SATE OF CLALIFORNIA, DEPARTMENT OF CORRECTIONS/HEMAN STARK YOUTH CORRECTIONAL FACILITY

Filed: Mar 11, 2020
Riverside
ADJ11145478

CompFox AI Summary

The Appeals Board granted reconsideration of the WCJ's decision that the applicant failed to prove injury arising out of and in the course of employment (AOE/COE). The Board found that the Qualified Medical Examiner's (QME) reports and deposition testimony lacked substantial evidence due to inconsistencies regarding causation of the applicant's sarcoidosis and exposure to asbestos. Consequently, the Board rescinded the WCJ's order and returned the case for further development of the record. This further development should include clarifying the QME's opinions on causation and potentially obtaining a new medical evaluation if necessary.

Full Decision Text1 Pages

The Appeals Board granted reconsideration of the WCJ's decision that the applicant failed to prove injury arising out of and in the course of employment (AOE/COE). The Board found that the Qualified Medical Examiner's (QME) reports and deposition testimony lacked substantial evidence due to inconsistencies regarding causation of the applicant's sarcoidosis and exposure to asbestos. Consequently, the Board rescinded the WCJ's order and returned the case for further development of the record. This further development should include clarifying the QME's opinions on causation and potentially obtaining a new medical evaluation if necessary.

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Belen Ramirez vs. SATE OF CLALIFORNIA, DEPARTMENT OF CORRECTIONS/HEMAN STARK YOUTH CORRECTIONAL FACILITY (2020) – Riverside | CompFox