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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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