WCAB Commissioners Rescind Valley Fever Award


Updated: August 26, 2022

The WCAB Commissioners granted reconsideration in a Valley Fever case. After reviewing the record, the rescinded the Award and returned the matter to the Judge to conduct further proceedings.  

The Commissioners found that Dr. Gupta's reports assumed facts that were not supported by the injured worker's testimony.  The report based AOE/COE on facts around repeated exposure to construction work sites. The injured worker testifed that he went to a "trench site" only once.

Based on Dr. Gupta's inconconsistent findings, the Commissions ordered the parties to be evaluated by an Agreed Medical Examiner (AME) or a regular physician appointed by the workers' compensation judge.