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Case Law Database

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

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
Case No. ADJ4113798 (SFO 0409796)
Regular
Oct 22, 2013

MILFORD ANDREW HOUSE vs. MOORE DRY DOCK, MOORE DRY DOCK COMPANY, UNITED ENGINEERUNG, BETHLEHEM STEEL, Self Insured, METRO RISK, TRISTAR, FIREMANS FUND

The Workers' Compensation Appeals Board reversed its prior ruling and found no concurrent state jurisdiction over Milford House's injury claim. Despite the applicant's work on ships tied to a pier, a stipulation that 100% of his work occurred on navigable waters led the Board to conclude exclusive federal jurisdiction under the Longshore and Harbor Workers' Compensation Act (LHWCA) applies. Therefore, the prior dismissal of the claim by the administrative law judge was reinstated.

LHWCAconcurrent jurisdictionnavigable watersship repairtwilight zoneexclusive federal jurisdictionmaritime activityDeath Without Dependents Unitcumulative traumamesothelioma
References
Case No. ADJ9509417
Regular
Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia
References
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