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Case No. ADJ10075517

Regular

Dec 15, 2017

PAUL ROYCE vs. STATE OF CALIFORNIA, Legally Uninsured

The WCAB granted reconsideration of a decision denying a workers' compensation claim for respiratory issues. While the sole medical expert found the aspergillosis to be industrial, the judge deemed the opinion lacking substantial evidence due to vagueness. The Board found it unjust to penalize the applicant with a "take nothing" order when the opinion, though flawed, was unrebutted. Therefore, the case is remanded for further medical development, potentially with an expert more specialized in aspergillosis, to ensure substantial justice and a complete record.

Workers' Compensation Appeals BoardPetition for ReconsiderationIndustrial InjuryAspergillosisChronic Obstructive Pulmonary DiseaseMedical EvidenceIndustrial CausationFurther Development of RecordAgreed Medical EvaluatorLabor Code Section 5701

References

Case No. 526693

Regular Panel Decision

May 30, 2019

Matter of Connolly v. Covanta Energy Corp.

Claimant, a maintenance planner/mechanic, was diagnosed with allergic bronchopulmonary aspergillosis from exposure to aspergillus fungus at his workplace. Initially denied as an occupational disease, the Workers' Compensation Board later affirmed it as an accidental injury from exposure during cooling tower remediation. The employer appealed, questioning the Board's jurisdiction and compliance with Workers' Compensation Law § 137 for a medical report. The Appellate Division, Third Department, affirmed the Board's decision, finding the Board had continuing jurisdiction, the report met requirements, and substantial evidence supported the accidental injury finding.

Workers' CompensationAccidental InjuryOccupational DiseaseAllergic Bronchopulmonary AspergillosisAspergillus FungusMold ExposureCausalityMedical EvidenceWorkers' Compensation BoardAppellate Division

References

Case No. MISSING

Regular Panel Decision

Claim of Connolly v. Covanta Energy Corp.

A maintenance mechanic and planner for Covanta Energy Corporation for 23 years developed allergic bronchopulmonary aspergillosis from workplace exposure to aspergillus fungus. He sought workers' compensation benefits, which Covanta disputed, citing no causal relationship. Although a Workers' Compensation Law Judge and the Board initially found a compensable occupational disease, the appellate court reversed this decision. The court determined there was insufficient evidence to establish a distinct work-related link to the claimant's condition, given the fungus's widespread presence and the lack of specific work-environment causation.

Occupational DiseaseAllergic Bronchopulmonary AspergillosisAspergillus FungusCausal RelationshipWorkers' Compensation BenefitsEmployment ExposureMaintenance MechanicRecycling FacilityAppellate ReviewMedical Opinion

References

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PAUL ROYCE vs. STATE OF CALIFORNIA, Legally Uninsured

Matter of Connolly v. Covanta Energy Corp.

Workers' CompensationAccidental InjuryOccupational DiseaseAllergic Bronchopulmonary AspergillosisAspergillus FungusMold ExposureCausalityMedical EvidenceWorkers' Compensation BoardAppellate Division

Claim of Connolly v. Covanta Energy Corp.