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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Claim of Wilson v. Southern Tier Custom Fabricators

Claimant, a sheet metal worker for nearly 40 years, was diagnosed with asbestosis in May 2002 and subsequently filed for workers' compensation benefits. The primary dispute centered on identifying the employer responsible for the claimant's last injurious exposure to asbestos, as per Workers’ Compensation Law § 44-a. A Workers’ Compensation Law Judge found Southern Tier Custom Fabricators to be the employer at the time of the last exposure, a decision affirmed by the Workers’ Compensation Board. On appeal, the court upheld the Board's determination, citing that the question of last injurious exposure is a factual matter for the Board, and its findings, if supported by substantial evidence and reasonable inferences from the claimant's uncontradicted testimony, would not be disturbed.

Workers' CompensationAsbestosisOccupational DiseaseInjurious ExposureEmployer LiabilitySubstantial EvidenceFactual DeterminationAppellate ReviewCredibilityWorkers’ Compensation Board
References
6
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. MISSING
Regular Panel Decision

Claim of Murphy v. Olean Tile Co.

The case involves an appeal by an employer and its carrier from a Workmen’s Compensation Board decision regarding a claimant's silicosis. The claimant, exposed to silica dust from 1927-1947, stopped work in April 1956 due to the condition. The appellants argued disablement wasn't within two years of last exposure under section 44-a. Initially, a Referee awarded compensation, setting the disablement date as April 6, 1956, which the Board later affirmed after further evidence of exposure in the last four weeks of employment. The court affirmed the decision, finding substantial evidence of exposure and applying a retroactive amendment to section 44-a that deems claims compensable if disablement occurs during continued employment or two years thereafter when an employee is transferred from injurious to non-injurious exposure.

SilicosisOccupational DiseaseWorkmen's Compensation LawSection 44-aInjurious ExposureDisablementRetroactive ApplicationAppellate ReviewMedical TestimonyEmployer Liability
References
1
Case No. ADJ6824732
Regular
Sep 06, 2012

SHEILA CORREIA, KENNETH BURNETT (Deceased) vs. VERIZON COMMUNICATIONS, AMERICAN HOME ASSURANCE COMPANY, CHARTIS, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a deceased worker, Kenneth Burnett, diagnosed with mesothelioma due to asbestos exposure. The sole issue was determining the date of last injurious exposure to establish liability. The Workers' Compensation Appeals Board denied reconsideration of the judge's decision. The judge found the applicant's medical expert's opinion on a five to ten-year latency period to be more persuasive than the defendant's expert's twenty-year period. This led to a finding that the decedent's last injurious asbestos exposure occurred between 1996 and 2001, during his employment with Verizon.

MesotheliomaLatency PeriodAsbestos ExposureDate of Last Injurious ExposureLC §5500.5LC §5412Verizon CommunicationsSedgwick Claims Management ServicesDr. LurosDr. Raybin
References
0
Case No. MISSING
Regular Panel Decision

Claim of Ward v. General Utilities

Claimant, an oil burner mechanic for over 40 years, filed a workers' compensation claim in March 2007 for an occupational disease. A Workers' Compensation Law Judge determined he suffered from asbestosis, with a disablement date of May 17, 2006, and that his last injurious exposure to asbestos was during his employment with Astro Fuel Service Company. The Workers' Compensation Board affirmed this decision. Astro and its carrier appealed, arguing no asbestos exposure occurred during his employment with them. The appellate court affirmed the Board's decision, finding it supported by substantial evidence, noting that the Board's determination of the last injurious exposure is a question of fact and their credibility determinations are conclusive.

Occupational DiseaseAsbestosisLast Injurious ExposureWorkers' Compensation BoardAppellate ReviewSubstantial EvidenceCredibility DeterminationOil Burner MechanicDust HazardEmployer Liability
References
6
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. 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. ADJ9974849, ADJ8945012
Regular
Feb 14, 2020

Richard Porta vs. Surewest Communications, American Casualty Company, CNA Claims Plus

The Workers' Compensation Appeals Board rescinded prior findings, returning the case to the trial level for further proceedings. The Board found that the Applicant sustained a single continuous cumulative injury to his shoulders through his last date of employment, March 26, 2013, rather than separate injuries as previously determined. The date of injury was established as September 27, 2014, when the Applicant gained knowledge of the work-related nature of his disability. Based on Labor Code section 5500.5, liability is limited to the employer during the year preceding the last date of injurious exposure, meaning the defendant American Casualty Company may not be liable.

cumulative traumashoulder injuryupper extremityhip injuryADP technicianmedical opinionAMEWPI apportionmentdate of injuryLabor Code Section 5500.5
References
0
Case No. MISSING
Regular Panel Decision

Claim of Carlson-Fanelli v. St. Luke's Memorial Hospital Center

Claimant, with a history of multiple chemical sensitivity, developed illness due to workplace exposure to various chemicals and fumes while working as a dietetic technician in a hospital. Her symptoms worsened significantly over time, particularly after increasing exposure in the hospital's kitchen, eventually leading her to cease employment in June 1997. Initially, the Workers’ Compensation Board found an occupational disease but later issued an amended decision recognizing it as an accidental injury, which the employer and carrier appealed. The Appellate Division affirmed the Board's amended decision, concluding there was substantial evidence that the claimant's preexisting condition was aggravated by her workplace environment. Medical testimony supported the finding that her exposure resulted in a totally disabling and permanent compensable injury.

Workers' CompensationAccidental InjuryOccupational DiseaseChemical SensitivityMultiple Chemical SensitivityPreexisting ConditionAggravation of ConditionWorkplace ExposureMedical TestimonyDisability
References
7
Case No. ADJ2678977 (VNO 0516619) ADJ2789939 (VNO 0516618)
Regular
Jul 26, 2017

THOMAS BELLISSIMO vs. CAST & CREW ENTERTAINMENT SERVICES, INC., ZURICH NORTH AMERICA, ENTERTAINMENT PARTNERS, AIG

This case involves two insurers, Zurich and AIG, disputing liability for a worker's cumulative trauma injury. The Arbitrator initially set the liability period as July 4, 2004, to July 3, 2005, and apportioned fault based on days worked. Both insurers sought reconsideration, with AIG challenging the date of injury and allocation method, and Zurich arguing for apportionment based on exposure arduousness. The Board affirmed the Arbitrator's pro rata allocation based on days worked, but amended the liability period to June 28, 2004, to June 28, 2005, based on the last date of injurious exposure.

Labor Code section 5500.5cumulative trauma injuryliability periodapportionmentpro ratadate of injuryLabor Code section 5412disabilityinjurious exposuresuccessive employers
References
4
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