Home/Case Law/DANIEL JACOBS vs. WESTERN MUNICIPAL WATER DISTRICT, ACWA JOINT POWERS INSURANCE AUTHORITY
Regular DecisionReconsideration

DANIEL JACOBS vs. WESTERN MUNICIPAL WATER DISTRICT, ACWA JOINT POWERS INSURANCE AUTHORITY

Filed: Feb 07, 2011
San Francisco
ADJ6805367

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding that Daniel Jacobs sustained an industrial injury from Disseminated Coccidiomycosis. The Board found substantial evidence supported the original award, based on applicant's credible testimony regarding ongoing excavation and his extensive outdoor work at the 13-acre plant. The Board relied on the expert opinion of Dr. Sweeney, who stated with "very high medical probability" that the applicant's illness was work-related due to prolonged exposure to airborne fungus from disturbed soil. This employment exposed the applicant to a greater risk than the general public, thus meeting the legal standard for industrial causation.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the finding that Daniel Jacobs sustained an industrial injury from Disseminated Coccidiomycosis. The Board found substantial evidence supported the original award, based on applicant's credible testimony regarding ongoing excavation and his extensive outdoor work at the 13-acre plant. The Board relied on the expert opinion of Dr. Sweeney, who stated with "very high medical probability" that the applicant's illness was work-related due to prolonged exposure to airborne fungus from disturbed soil. This employment exposed the applicant to a greater risk than the general public, thus meeting the legal standard for industrial causation.

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