In the case of Hernandez vs. Frontier Communications Corporation and Zurich American Insurance Company, an employee filed a workplace compensation claim for injury to his respiratory system in the form of coccidioidomycosis (Valley fever), among other injuries.
Coccidioidomycosis is an airborne illness caused by the fungus Coccidioides immitis. Dr. Sameer Gupta, a qualified medical evaluator for internal medicine, examined the applicant, took his history, and reviewed his medical record.
Regarding the cause of the applicant's coccidioidomycosis, the evaluator found that he had significant exposure to construction sites and had duties to review and to evaluate freshly trenched and previously undisturbed land in the endemic area which was “one of the highest risk factors for developing Valley fever.”
In his supplemental report, Dr. Gupta stated, with a reasonable medical probability, that the applicant contracted Valley fever while in the course and scope of his employment.
The workers’ compensation administrative law judge found that Dr. Gupta’s reports amounted to substantial medical evidence establishing that the applicant sustained injury arising out of and in the course of employment (AOE/COE) to his respiratory system.
The employer asked for reconsideration. It argued that Dr. Gupta’s opinion regarding the issue of injury AOE/COE were based on an inaccurate history, and that Dr. Gupta’s opinion that the applicant had respiratory Valley fever contradicted the opinions...
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