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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ3229251 [GRO 0032007] ADJ4697200 [GRO 0032008]
Regular
Sep 29, 2008

DAVID ROARK (Deceased) JOYCE ROARK vs. CORDOVA CHEMICAL/AEROJET; PACIFIC EMPLOYERS INSURANCE, by ESIS

The Appeals Board granted reconsideration of a Joint Findings and Award, finding the WCJ's reliance on Dr. Mustacchi's medical opinion was not supported by substantial evidence. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardDavid RoarkJoyce RoarkCordova Chemical/AerojetPacific Employers InsuranceESISJoint Findings and AwardQualified Medical EvaluatorDr. MustacchiDr. O'Neill
References
6
Case No. ADJ3229251 (GRO 0032007) ADJ4697200 (GRO 0032008)
Regular
Apr 24, 2009

JOYCE ROARK vs. CORDOVA CHEMICAL/AEROJET, PACIFIC EMPLOYERS INSURANCE by ESIS

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, increasing the death benefit to $125,000 and the attorney fee to $18,750, based on a June 2004 date of injury. The Board denied the defendant's petition, upholding the finding that the deceased worker's death from cancer was industrially caused based on Dr. O'Neill's medical opinion. While the majority found Dr. O'Neill's revised opinion, considering chromosomal damage and a specific medical article linking rare tumors to similar chemical exposures, constituted substantial evidence, one commissioner dissented, arguing the medical evidence was insufficient for a finding of industrial causation. The dissenting commissioner believed further medical evaluation was necessary, preferring an IME to resolve the causation issue.

David RoarkJoyce RoarkCordova Chemical/AerojetPacific Employers InsuranceESISADJ3229251ADJ4697200Joint Findings and AwardPetition for ReconsiderationIndustrial Injury
References
8
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