CompFox AI Summary
The Workers' Compensation Appeals Board denied applicant Gustavo Valdovinos' petition for reconsideration of a decision that found he failed to prove a cumulative trauma injury. Applicant argued for an adverse inference due to the destruction of Material Safety Data Sheets (MSDS) by the employer. The Board found no violation of duty to retain MSDS under California or federal law, especially since the request was made years after employment ended. Furthermore, the applicant did not provide medical evidence linking his claimed injuries to the chemicals he recalled using.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied applicant Gustavo Valdovinos' petition for reconsideration of a decision that found he failed to prove a cumulative trauma injury. Applicant argued for an adverse inference due to the destruction of Material Safety Data Sheets (MSDS) by the employer. The Board found no violation of duty to retain MSDS under California or federal law, especially since the request was made years after employment ended. Furthermore, the applicant did not provide medical evidence linking his claimed injuries to the chemicals he recalled using.
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