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

Case No. ADJ8063847, ADJ6671846
Regular
Aug 11, 2017

JUAN IBARRA vs. ABM JANITORIAL SERVICES, ESIS

The defendant, ABM Janitorial Services, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding cumulative trauma injury resulting in chronic myelogenous leukemia. While the petition was pending, the parties reached a proposed settlement agreement. Consequently, the WCAB granted the petition for reconsideration, rescinded the original decision, and returned the case to the trial level. The WCJ will now consider the proposed settlement, and if not approved, the original decision may be reinstated.

Petition for ReconsiderationJoint Findings and AwardCumulative Trauma InjuryChronic Myelogenous LeukemiaCompromise and ReleaseWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJRescindedReturned to Trial Level
References
0
Case No. ADJ8464782
Regular
Oct 23, 2017

JOAN FEDOR MISKIEWICZ vs. VENTURA ORTHOPEDICS MEDICAL CENTER, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that the applicant sustained an industrial injury of chronic myelogenous leukemia (CML). The defendant argued the judge erred by not considering an internist's opinion on CML latency and by not allowing further expert development. However, the Board found these arguments premature, as the specific issue of the date of injury or liability period, which would implicate the defendant's coverage dates, had not yet been decided. Therefore, the defendant was not aggrieved by the judge's initial ruling on the existence of industrial injury.

Chronic myelogenous leukemiaIndustrial injuryPetition for reconsiderationQualified medical evaluatorOncologyLatency periodLabor Code section 5412Labor Code section 5500.5Coverage periodAdministrative law judge
References
0
Case No. MISSING
Regular Panel Decision
Feb 09, 1996

Hallahan v. Ashland Chemical Co.

Plaintiff William Hallaban, diagnosed with granulocytic leukemia, commenced a products liability action, alleging workplace chemical exposure as the cause. During discovery, defendants sought to depose plaintiffs' expert witnesses, physician Stewart Silvers and chemist Harold Zeliger, citing "special circumstances" due to the alleged novelty of their causation theories and a change in Silvers' diagnosis from acute to chronic granulocytic leukemia. The Supreme Court denied the defendants' motion, finding no special circumstances. The Appellate Division affirmed this decision, stating that the defendants' claims of "novel, unorthodox and unsupported" expert opinions did not constitute special circumstances for an oral examination of the experts before trial, especially as defendants had access to Silvers' medical records.

Products LiabilityExpert Witness DiscoverySpecial CircumstancesGranulocytic LeukemiaChemical ExposureMedical DiagnosisCPLR DiscoveryAppellate ReviewCausation TheoriesFrye Hearing Standard
References
6
Case No. MISSING
Regular Panel Decision
Nov 17, 1977

Daigneault v. Allegheny Ludlum Steel Corp.

The Workers’ Compensation Board found that the claimant developed chronic bronchitis precipitating emphysema, which was causally related to their employment due to exposure to irritating factors, leading to disability. This decision, filed on November 17, 1977, was appealed. The appellate court affirmed the board's determination, concluding that there was substantial medical evidence to support the finding. Costs were awarded to the Workers’ Compensation Board against the self-insured employer.

Chronic BronchitisEmphysemaCausally Related EmploymentDisabilityMedical EvidenceWorkers' Compensation AppealSelf-Insured EmployerBoard Decision
References
1
Case No. ADJ7050870
Regular
Apr 04, 2018

Kevin Couch vs. COUNTY OF RIVERSIDE

This case involves a deputy sheriff diagnosed with chronic lymphocytic leukemia (CLL) who sought workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and found the applicant's CLL to be industrially caused. The WCAB determined that the applicant was entitled to the presumption of compensability under Labor Code section 3212.1 due to his documented exposure to benzene, a known carcinogen in gasoline and diesel exhaust. The Board concluded that the defendant failed to rebut this presumption, despite evidence suggesting an alternative cause, because they did not demonstrate by substantial evidence that the carcinogen was not reasonably linked to the applicant's condition. Therefore, the WCAB rescinded the prior decision and issued a new finding of injury.

Labor Code section 3212.1presumption of compensabilitychronic lymphocytic leukemiadeputy sheriffbenzenegasoline exhaustdiesel exhaustcarcinogen exposurelatency periodAgreed Medical Examiner
References
2
Case No. MISSING
Regular Panel Decision

Parker v. Mobil Oil Corp.

This case involves an unnamed plaintiff diagnosed with acute myelogenous leukemia (AML) who sued several defendants, including Mobil Oil Corporation, Island Transportation Corporation, and Getty Petroleum Marketing, Inc., alleging occupational exposure to benzene caused his illness. The defendants moved in limine to preclude the plaintiff's expert testimony on medical causation and for summary judgment, arguing the causation theory was unreliable. The Supreme Court, Nassau County, denied these motions. On appeal, the higher court reversed the lower court's decision, finding that the plaintiff's experts failed to quantify benzene exposure and establish a scientifically reliable causal connection. Consequently, the appellate court granted the defendants' motions, dismissing the plaintiff's complaint in its entirety.

Medical CausationToxic ExposureBenzeneAcute Myelogenous Leukemia (AML)Expert Testimony AdmissibilityFrye StandardSummary JudgmentAppellate ReviewOccupational HazardScientific Reliability
References
25
Case No. ADJ1088522 (RIV 0015524)
Regular
Jan 03, 2013

SAMANTHA VAN DUINHOVEN vs. SPA HOTEL & CASINO, CALIFORNIA CASUALTY, Administered by GAB ROBINS NORTH AMERICA

This case involved an applicant who claimed industrial injury to her neck, back, left shoulder, psyche, and associated chronic pain syndrome, resulting in a finding of permanent total disability. The defendant sought reconsideration, arguing the medical evidence did not support injury to the low back or a diagnosis of chronic pain syndrome. The Appeals Board reversed the findings on the low back and chronic pain syndrome, finding no substantial evidence to support them. Consequently, the applicant's permanent disability award was amended to 70%, based on ratings for her neck, left shoulder, and psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent Total DisabilityChronic Pain SyndromeAgreed Medical EvaluatorQualified Medical EvaluatorMedical Record ReviewIndustrial InjuryPermanent Disability Indemnity
References
0
Case No. ADJ605947 (MON 0274664)
Regular
Feb 02, 2009

LESLIE CELLUCCI vs. FLORENCE MACHINE PRODUCTS, STATE COMPENSATION INSURANCE FUND

This case concerns a workers' compensation claim for injuries to the applicant's hands, upper extremities, and neck, resulting in chronic pain syndrome and a sleep disorder. The defendant disputed the extent of permanent disability and the diagnoses of chronic pain syndrome and sleep disorder. The Appeals Board affirmed the finding of industrial injury and the 85% permanent disability rating, including the diagnoses of chronic pain syndrome and sleep disorder. The Board also granted reconsideration to amend the award to include a life pension for the applicant, as required by law for an 85% permanent disability finding.

Workers' Compensation Appeals BoardLeslie CellucciFlorence Machine ProductsState Compensation Insurance FundADJ605947Opinion and Order Granting ReconsiderationFindings and AwardPermanent DisabilityChronic Pain SyndromeSleep Disorder
References
0
Case No. MISSING
Regular Panel Decision

Claim of Losso v. Tesco Traffic Services

In February 1985, claimant's decedent suffered a work-related myocardial infarction. In 1986, he was diagnosed with leukemia and died in 1988, with acute monomyelocytic leukemia and cardiopulmonary arrest as stated causes of death. Claimant, the decedent's widow, filed for workers' compensation death benefits. The employer and its carrier controverted the claim, arguing death was solely due to leukemia. The Workers’ Compensation Board ruled that the compensable myocardial infarction was a contributing factor to his death. The appellate court affirmed the Board's decision, finding substantial evidence to support a causal relationship based on the cardiologist's testimony that the heart condition limited cancer treatment and hastened death.

Workers' CompensationDeath BenefitsMyocardial InfarctionLeukemiaCausal RelationshipMedical TestimonyAppellate ReviewContributory FactorCardiovascular SystemCancer Treatment Limitations
References
1
Case No. ADJ8804613
Regular
Jun 03, 2016

KIM LARSEN vs. UKIAH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration of an award for acute myeloid leukemia. The Board found the applicant's exposure to diesel exhaust while employed by the school district was an injurious exposure contributing to the cancer. The Board ruled that the agreed medical evaluator's reports were admissible and constituted substantial medical evidence of the link between diesel exhaust and leukemia. Therefore, the school district was held liable as the last employer where the applicant was exposed to the hazard.

acute myeloid leukemiadiesel exhaust exposurecumulative traumalast injurious exposureagreed medical evaluatorlabor code section 5500.5reasonably probable causationsubstantial medical evidencebenzene exposurefirefighter
References
7
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