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

Case No. ADJ8734182
Regular
Dec 17, 2018

JONATHAN MCINTYRE vs. COUNTY OF SAN DIEGO

This case involves an applicant, Jonathan McIntyre, a deputy sheriff, claiming bladder cancer as a work-related injury. The Workers' Compensation Appeals Board (WCAB) rescinded the prior decision, finding that the medical evidence regarding the latency period of the applicant's bladder cancer was insufficient. The WCAB determined further development of the medical record is required to accurately assess when the cancer "developed" and "manifested" relative to the statutory presumption period. Therefore, the case is returned to the trial level for further proceedings and a new decision by the Workers' Compensation Judge.

Workers' Compensation Appeals BoardDeputy SheriffBladder CancerLabor Code section 3212.1Presumption of CompensabilityLatency PeriodAgreed Medical EvaluatorManifestation of DiseaseDevelopment of CancerStatutory Presumption
References
11
Case No. ADJ6619965 ADJ9843987
Regular
Jul 16, 2018

JESUS ZARAGOZA vs. KOOL KOUNTRY, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Board granted reconsideration to review the finding of injury to the bladder, sleep disorder, sexual dysfunction, and cognitive disability/headaches, as well as the applicant's earnings. The Board affirmed the finding of injury to the bladder, sleep disorder, and sexual dysfunction but reversed the finding of injury related to cognitive impairment/headaches, finding insufficient medical evidence. Additionally, the Board amended the applicant's earnings to $270.00 per week, based on the parties' stipulation regarding the permanent disability rate, and affirmed the overall award except for these specific modifications.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardAdministrative Law JudgePermanent DisabilityAverage Weekly EarningsStipulationAgreed Medical ExaminerQualified Medical Examiner
References
0
Case No. ADJ1651527 (SBR 0314707)
Regular
Apr 11, 2023

TERRI GLASGOW vs. MASSIE DIAGNOSTIC IMAGING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award, rescinded the award, and returned the case to the trial level for further proceedings. The applicant contended the judge failed to rate her bladder injury and ignored vocational expert opinions. The WCAB agreed that the judge improperly applied the pyramiding principles to rate the bladder and lumbar injuries and misapplied case law regarding the consideration of medical and vocational expert opinions. Additionally, the WCAB noted the decision lacked sufficient detail regarding the basis for the overall permanent disability rating.

Petition for ReconsiderationFindings and AwardPermanent Disability RatingBladder InjuryUrinary Stress IncontinenceSacral NeuropathyLumbar Spine InjuryPyramiding PrincipleMultiple Disabilities TableApportionment
References
9
Case No. MISSING
Regular Panel Decision

Claim of Smith v. Humboldt Dye Works, Inc.

Claimant, a dyer for 25 years, developed bladder cancer attributed by the Workmen's Compensation Board to occupational exposure to aniline dyes. The employer appealed, disputing the causal link between finished dyes and cancer. Expert witnesses for the claimant, including a chemist and two urologists, presented testimony asserting that dyes containing carcinogens, such as alpha and beta naphthalene, could cause bladder cancer through absorption and inhalation. They also referenced statistical evidence supporting their claims. Despite contradictory testimony from the employer's medical experts, the court affirmed the Board's finding of a causal relationship, concluding that substantial evidence supported the occupational disease determination.

Occupational DiseaseBladder CancerAniline DyesCarcinogen ExposureCausal RelationshipMedical Expert TestimonySubstantial Evidence ReviewWorkers' Compensation AppealUrological ConditionDye Industry Worker
References
4
Case No. MON 0320089 MON 0297024
Regular
Oct 24, 2007

, \DONALD LEE (Deceased), CARRIE LEE (Widow)\, Carrie Lee vs. NORRIS INDUSTRIES, Permissibly SelfInsured, Administered by S.R.S.; THE TRAVELERS; CALIFORNIA CASUALTY INSURANCE COMPANY

This case involves a widow's petition for reconsideration of a finding that her deceased husband's death was not industrially caused by bladder/urological issues. The applicant argued she was denied due process due to new evidence presented at the final hearing, requesting the record be reopened. The majority denied the petition, adopting the WCJ's report. However, one commissioner dissented, believing the applicant should have had the opportunity for further discovery based on changed testimony from a defendant's witness and newly presented information.

Workers' Compensation Appeals BoardDonald LeeCarrie LeeNorris IndustriesThe TravelersCalifornia Casualty Insurance CompanyPetition for ReconsiderationJoint Findings and OrdersIndustrial InjuryBladder
References
1
Case No. ADJ9053858, ADJ9053853
Regular
Dec 08, 2016

TONY PAEZ vs. SAN FRANCISCO CHRONICLE, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, overturning the WCJ's prior decision. The WCAB found that the applicant did sustain bladder cancer and a psychiatric injury arising out of and in the course of employment due to exposure to newspaper ink. This finding was primarily based on the consistent medical opinions of the Agreed Medical Examiner in internal medicine. Consequently, the applicant is entitled to ongoing medical treatment, with issues of permanent disability, apportionment, and the EDD lien deferred.

Agreed Medical Examiner (AME)internal system injurybladder cancerpsychiatric injurycumulative traumaarising out of and occurring in the course of employment (AOE/COE)medical probabilitycarcinogenMSDSprinting ink
References
0
Case No. ADJ18940959
Regular
Apr 18, 2025

RON IGLESIAS vs. COUNTY OF SANTA CLARA

Applicant Ron Iglesias claimed cumulative work injuries to his bladder, psyche, and diabetes, which the defendant, County of Santa Clara, contended were barred by the statute of limitations. The Workers' Compensation Administrative Law Judge (WCJ) found no evidence of applicant's knowledge of industrial causation and thus could not establish a date of injury or determine if the claim was time-barred. The defendant filed a Petition for Reconsideration, arguing applicant failed reasonable diligence and would cause significant prejudice. The Appeals Board denied the petition, affirming the need for further discovery to establish the injury date and noting that potential discovery costs are not grounds for removal.

Labor Code section 5412cumulative work injurystatute of limitationsdate of injurypetition for reconsiderationremoval standardsignificant prejudiceirreparable harmaffirmative defenseburden of proof
References
28
Case No. MISSING
Regular Panel Decision

Claim of Manka v. Goodyear Tire & Rubber Co.

David Manka, an employee, died from ureteral cancer in 2008 after being diagnosed in 2007. His widow, the claimant, sought workers' compensation death benefits, asserting that his cancer was causally linked to his occupational exposure to ortho-toluidine. The employer disputed this, arguing no established link between ortho-toluidine and ureteral cancer existed, only bladder cancer. Both the Workers’ Compensation Law Judge and the Board credited the claimant's expert, who linked ortho-toluidine to ureteral cancer due to similar cell types and the rarity of direct studies. The Appellate Division affirmed the Board's decision, finding substantial evidence to support the determination that decedent's death was due to an occupational disease.

Occupational DiseaseUreteral CancerOrtho-toluidine ExposureCausal RelationshipWorkers' Compensation BenefitsExpert Medical OpinionSubstantial EvidenceAppellate ReviewCredibility Assessment
References
7
Case No. 528627
Regular Panel Decision
Dec 19, 2019

Matter of Keller v. Cumberland Farms

Claimant Frederick W. Keller sought workers' compensation benefits, alleging he contracted bladder and kidney cancer due to carcinogen exposure as a diesel mechanic. The Workers' Compensation Board precluded the report of claimant's independent medical examiner, Lester Ploss, due to non-compliance with Workers' Compensation Law § 137 and 12 NYCRR 300.2, specifically the failure to submit a letter from claimant's counsel and an intake sheet to the Board. Consequently, the Board found insufficient credible medical evidence of an occupational disease and disallowed the claim, also denying reconsideration. The Appellate Division affirmed the Board's decisions, concurring that the preclusion of Ploss's report and testimony was proper given the lack of compliance with statutory and regulatory requirements.

Occupational DiseaseWorkers' Compensation BenefitsMedical Examiner ReportRegulatory ComplianceReport PreclusionBladder CancerKidney CancerDiesel MechanicCarcinogen ExposureAppellate Review
References
2
Case No. MISSING
Regular Panel Decision
Jan 24, 1994

Kowalski v. Goodyear Tire and Rubber Co.

Plaintiffs Dorothy J. and Louis Kowalski, Jr. sued Goodyear Tire & Rubber Company for negligence and strict liability, alleging Mrs. Kowalski contracted bladder cancer from ortho-toluidine exposure via her husband's work clothes from Goodyear's Niagara Falls plant. Goodyear sought summary judgment, arguing the claim was time-barred, the strict liability claim was undefined, and no duty was owed to Mrs. Kowalski. The court denied Goodyear's motions, ruling that the federally required commencement date under CERCLA preempted the state statute of limitations. The court also found that plaintiffs adequately alleged Goodyear owed a duty of care due to the foreseeable harm from secondary exposure to a known dangerous substance, and that the strict liability claim required further evidence.

negligencestrict liabilitystatute of limitationsCERCLASARAhazardous substancestoxic exposurebladder canceroccupational diseasesecondary exposure
References
19
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