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

Case No. ADJ8939849
Regular
Jan 04, 2016

GEORGE KIMMEL vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim for hearing loss. The applicant, a former correctional officer, alleged injury from a 1978 bomb blast and cumulative trauma from noise exposure throughout his career. The Workers' Compensation Appeals Board (WCAB) rescinded the initial award finding a cumulative trauma injury with a 2014 date of injury. The WCAB determined the case involves potential specific and cumulative injuries, requiring further development of the record regarding the date of injury, last injurious exposure, and the exact nature of the injuries. The matter was returned to the trial level for these further proceedings.

Cumulative traumaStatute of limitationsLachesDate of injurySpecific injuryTinnitusHearing lossQualified Medical ExaminerImprovised explosive deviceMatch bomb
References
3
Case No. ADJ7539480
Regular
Sep 20, 2011

GARY KREFT vs. CELESTRON, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, COMPWEST INSURANCE COMPANY, HARTFORD INSURANCE COMPANY, AMERICAN CLAIMS MANAGEMENT, STATE COMPENSATION INSURANCE FUND, Everest National Insurance Co.

This case concerns a cumulative injury claim where the Workers' Compensation Appeals Board (WCAB) granted Everest National Insurance Co.'s Petition for Removal. The WCAB amended a prior order joining Everest and other carriers, clarifying that Labor Code section 5500.5(a) limits liability for cumulative injuries to employers/insurers covering the year immediately preceding the date of injury or last exposure. As the date of injury/exposure was not yet determined and appeared to be the last day of employment, only the carriers covering that final year (CompWest and Hartford) were ordered joined. Everest was removed as a party defendant pending further determination.

Petition for RemovalLabor Code section 5500.5(a)cumulative injurylast injurious exposurejoinder of partiesWorkers' Compensation Appeals Boarddate of injuryrepetitive job dutiesCalifornia Insurance Guarantee AssociationCIGA
References
1
Case No. LBO 0377371
Regular
Apr 28, 2008

EDUBIJES TORREZ vs. RED HILLS COUNTRY CLUB, CHUBB SERVICES CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Chubb Insurance's petition for reconsideration, affirming the original finding that Edubijes Torrez sustained a cumulative trauma injury (leiomyosarcoma) due to chemical exposure as a groundskeeper. The Board found that despite the provision of protective gear in 1998, the applicant's exposure continued through his last year of employment, making Chubb, the insurer during that period, liable for the $100\%$ permanent disability award. Chubb's argument that exposure ceased in 1998 was rejected due to evidence of ineffective protective gear and continued exposure.

LeiomyosarcomaCumulative traumaLabor Code section 5500.5Injurious exposureRespirator protective gearLatency periodIndustrial chemical exposurePermanent disabilityGroundskeeperRed Hill Country Club
References
3
Case No. ADJ1451525 (VNO 0539093)
Regular
Aug 08, 2011

ALLAN ANDREWS vs. PREMIER WALL CONSTRUCTION, SELF-INSURERS SECURITY FUND

In this workers' compensation case, the applicant alleged a cumulative trauma injury to his lungs due to tuberculosis exposure at work. While the applicant presented evidence of workplace exposure and a positive tuberculosis skin test, medical evidence was found insufficient to establish industrial causation. The Board rescinded the prior award and remanded the matter for further proceedings to develop the medical record. The primary goal is to clarify the nature of the injury, if any, from the work exposure.

ReconsiderationFindings and AwardCumulative TraumaTuberculosisPulmonary TuberculosisIndustrial CausationMedical EvidenceAgreed Medical ExaminerPanel Qualified Medical EvaluatorChest X-rays
References
7
Case No. SRO 134400, SRO 139130
Regular
Sep 11, 2007

COBY RICHARDS vs. COUNTY OF SONOMA AND G.B. BRAGG AND ASSOCIATES, CITY OF CLOVERDALE AND REMIF

The applicant, a police officer, claimed a cumulative trauma injury resulting in a brain tumor, asserting exposure to x-rays as a known carcinogen under Labor Code section 3212.1. The Appeals Board denied reconsideration, affirming the finding that the applicant did not establish an industrial injury. While acknowledging the applicant's exposure to x-rays, the Board found this exposure did not present a reasonable link to the brain tumor, as per the Agreed Medical Examiner's opinion that only direct radiation to the brain is a known risk factor.

Workers' Compensation Appeals BoardIndustrial injuryAstrocytomaBrain tumorCarcinogenLabor Code section 3212.1Presumption of injuryPeace officerCumulative traumaX-rays
References
7
Case No. ADJ3477365 (LBO 0284280)
Regular
Mar 22, 2010

JAMES MASON vs. GARDEN GROVE UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding an air conditioning mechanic industrially injured by asbestos exposure and determined the last date of exposure and cumulative injury period. The Board rescinded the award, returning the case to the trial level to determine the applicant's date of injury under Labor Code Section 5412, which is crucial for assessing the statute of limitations and employer liability. The WCJ must also re-evaluate the asbestos exposure evidence and potentially the applicable Permanent Disability Rating Schedule based on the corrected date of injury.

Occupational diseaseAsbestos exposureCumulative injuryStatute of limitationsDate of injuryLabor Code Section 5500.5Labor Code Section 5412Petition for ReconsiderationQualified Medical Evaluator (QME)Permanent disability
References
9
Case No. ADJ6722229 (MF), ADJ6762809, ADJ2580498 (SJO 0226820), ADJ2458769 (SJO 0259397)
Regular
Jun 27, 2014

ALFRED HUGHES vs. A & B PAINTING, INSURANCE CO OF THE WEST SAN DIEGO, ICW Group, Zenith Insurance Company

The Workers' Compensation Appeals Board dismissed Seabright's Petition for Reconsideration because the WCJ lacked jurisdiction to adjudicate the dismissed 2006 cumulative injury case. The Board also denied ICW Group's Petition for Reconsideration, upholding the WCJ's finding of cumulative injury during ICW's period of coverage, as Labor Code section 5500.5 limits liability to the last year of exposure. Both parties sought reconsideration of a WCJ's award finding applicant sustained cumulative injuries to his psyche and body parts. The WCJ also found applicant sustained a specific right knee injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationSecond Amended Findings and AwardOpinion on DecisionWCJcumulative injurypsychebilateral hipscervical spinelumbar spine
References
3
Case No. ADJ460520 (SAL 0101308)
Regular
Feb 22, 2010

Joaquin Borges vs. COUNTY OF SANTA CRUZ

The Workers' Compensation Appeals Board granted reconsideration to reverse a finding that applicant Joaquin Borges sustained a cumulative trauma injury from asbestos exposure while employed by the County of Santa Cruz in 1989, resulting in colorectal cancer. The Board found insufficient substantial medical evidence to establish causation, noting Dr. Duncan's opinion relied on an inaccurate exposure history and lacked a clear dose-response analysis for non-asbestos worker exposure. The matter is returned to the trial level to determine if applicant is entitled to a presumption of injury under Labor Code section 3212.1.

Cumulative traumaAsbestos exposureColorectal cancerIndustrial injuryMedical probabilityExposure assessmentLatency periodDose-response relationshipPeace officer presumptionLabor Code section 3212.1
References
0
Case No. SFO 0459179
Regular
Feb 25, 2008

MELINDA COSTELLO vs. ASCENSION HEALTH/MOUNT ST. JOSEPH/ST. ELIZABETH, SEDGWICK CLAIMS MANAGEMENT SERVICES, GLIDE MEMORIAL UNITED METHODIST CHURCH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address issues regarding the date of injury and cumulative exposure periods for applicant Melinda Costello. The Board rescinded the prior order and remanded the case for further development of the record concerning whether there were one or two cumulative injuries. This is necessary to properly reassess liability between Ascension Health and State Compensation Insurance Fund under Labor Code Section 5500.5.

Workers' Compensation Appeals BoardAscension HealthSedgwick Claims Management ServicesState Compensation Insurance FundGlide Memorial United Methodist ChurchLabor Code Section 5500.5Labor Code Section 5412Cumulative InjuryDate of InjuryInjurious Exposure
References
7
Case No. OXN 0128150, OXN 0128151, OXN 0128152
Regular
Sep 17, 2007

PEGGY A. RICO vs. AQUARIA, INC., CHUBB GROUP OF INSURANCE COMPANIES, CIGA, For RELIANCE INSURANCE, In Liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine if applicant Peggy Rico sustained separate cumulative trauma injuries. The WCAB found that the applicant's return to work with a different insurer, involving distinct injurious exposures and new medical symptoms, constituted a separate industrial injury from her earlier cumulative trauma. Consequently, the case was remanded for a new determination of liability for benefits based on these separate injuries.

Workers' Compensation Appeals BoardCIGAReliance InsuranceChubb GroupCumulative Trauma InjurySeparate Industrial InjuryMedical EvidenceDate of InjuryLabor Code Section 5412Labor Code Section 5500.5
References
9
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