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Case Name American Medical Response v. WCAB (Westerman)
Date 04/24/2012
Note Substantial evidence existed to prove that a stroke which rendered a 50-year-old paramedic permanently and totally disabled arose out of and in the course of employment, even though the applicant had allegedly refused to undergo a medical test that might have disproved his treating physician's causation theory.
Citation B235468
WCC Citation WCC 38882012 CA
AMERICAN MEDICAL RESPONSE v. WORKERS' COMPENSATION APPEALS BOARD AMERICAN MEDICAL RESPONSE et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and RONALD WESTERMAN, Respondents. Petitioners American Medical Response and Ace American Insurance Company sought reconsideration, principally on the basis that Westerman did not undergo a critical diagnostic test. FACTS Respondent Westerman was employed as a paramedic by petitioner American Medical Response. According to his wife, Westerman gained weight while employed by American Medical Response. The WCJ's report stated: "In addition, the medical reporting itself does not require reasonable medical certainty as the defendant states here. "

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