What the panel ordered
The Appeals Board denied the Petition for Reconsideration filed by defendant IHSS, affirming the WCJ's finding that decedent sustained injury AOE/COE by COVID-19 resulting in death during employment.
Defendant State of California, Department of Social Services, In-Home Supportive Services (IHSS) filed a Petition for Reconsideration of the Findings of Fact issued by the WCJ on March 4, 2026, which found injury AOE/COE by COVID-19 resulting in death. The WCJ issued a Report and Recommendation denying the Petition, which the Appeals Board adopted and incorporated.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The QME report by Dr. Betsy Kuriakose was found to be well-reasoned, based on an adequate history and evidence, supporting the finding that decedent contracted COVID-19 during employment, resulting in death. The defendant's arguments against causation and alternative sources of infection were rejected due to lack of evidence.
From the decision · page 1Defendant State of California, Department of Social Services, In-Home Supportive Services (IHSS) seeks reconsideration of the Findings of Fact (Findings), issued by the workers' compensation administrative law judge (WCJ) on March 4, 2026, wherein the WCJ found in pertinent part that the applicant (decedent), while employed during the period December 3, 2020, through December 17, 2020, sustained injury arising out of and in the course of employment (AOE/COE) by COVID-19, resulting in death, and that IHSS did not meet their burden of proof to establish that decedent had concurrent employment as at the time of his injury.