Authorities as the decision cited them, with how this panel applied each one.
LaTourette v. Workers' Comp. Appeals Bd. (1998) 17 Cal.4th 644
Injury must occur in the course of employment and arise out of employment; employment and injury must be linked in some causal fashion
Applied to determine whether COVID-19 infection was industrial
From the decision · page 4The test for whether an injury arose out of and in the course of employment is wellestablished. ( LaTourette v. Workers’ Comp. Appeals Bd. (1998) 17 Cal.4th 644 [63 Cal.Comp.Cases 253].)
E.L. Yeager v. Workers' Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922
Medical opinion must be framed in terms of reasonable medical probability, based on accurate history and examination, and set forth reasoning to support conclusions
Applied to evaluate whether medical opinions constituted substantial evidence
From the decision · page 4A finding that an injury is an industrial injury must be based on substantial medical evidence. To be substantial evidence, expert medical opinion must be framed in terms of reasonable medical probability, be based on an accurate history and an examination, and set forth reasoning to support the expert conclusions reached. ( E.L. Yeager v.
Bethlehem Steel Co. v. Industrial Acc. Com. (1943) 21 Cal.2d 742
For communicable diseases, employee can establish industrial causation by demonstrating it is more likely applicant acquired disease at work or employment subjected employee to special risk of exposure
Applied to COVID-19 causation analysis where no presumption applied
From the decision · page 5In those circumstances, the employee can establish industrial causation by demonstrating that it is more likely applicant acquired the disease at work or that the employment subjected the employee to a special risk of exposure in excess of the general population. ( Bethlehem Steel Co. v. Industrial Acc. Com.