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Case Law Database

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

Case No. ADJ4004427 (ANA 0408991)
Regular
Mar 07, 2013

MANUEL MEJIA vs. NATIONAL STEEL & SHIPBUILDING COMPANY (NASSCO)

The Workers' Compensation Appeals Board dismissed Manuel Mejia's Petition for Reconsideration against National Steel & Shipbuilding Company (NASSCO). The dismissal was based on the petition being untimely and unverified, as detailed in the WCJ's Report and Recommendation. The Board adopted the WCJ's reasoning and would have denied the petition on its merits if it had been properly filed. The WCJ will address sanctions on remand.

Petition for ReconsiderationUntimelyUnverifiedSanctionsRemandWorkers' Compensation Appeals BoardAdministrative Law JudgeDismissedNational Steel & Shipbuilding CompanyNASSCO
References
0
Case No. ADJ9006861
Regular
Mar 08, 2017

ROBERT MORGAN (Deceased), CELIA MORGAN vs. NATIONAL STEEL AND SHIPBUILDING COMPANY, CAMPBELL INDUSTRIES, ZENITH INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns defendant NASSCO's petition for removal regarding discovery of the deceased applicant's HIV/AIDS medical records. The WCAB denied removal, affirming the WCJ's order, finding the records irrelevant to the claimed asbestos exposure and subsequent death. The majority held that California Civil Code § 56.31 requires authorization for HIV/AIDS information unless directly related to an employment exposure incident of HIV/AIDS, which was not alleged here. Commissioner Razo dissented, arguing that the records could be relevant to causation and that privacy concerns could be addressed with protective orders.

Petition for RemovalFindings & OrderHIV/AIDSmedical recordsdiscoveryindustrial injurylungsrespiratory systemdeath benefitsasbestos exposure
References
6
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