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

Case No. ADJ7721471
Regular
Jun 18, 2012

DANIEL MURPHY vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to clarify that the applicant's basal cell carcinoma is not an insidious progressive disease, therefore jurisdiction cannot be reserved for future permanent disability beyond the statutory five-year limit. The Board amended the findings to state that the injury was to the applicant's nose, not all sun-exposed skin, and future basal cell carcinomas would be considered new injuries. This decision clarifies that the applicant's current award covers the injury to his nose, and any future skin cancers will require separate claims.

Workers' Compensation Appeals BoardCalifornia Highway PatrolState Compensation Insurance FundDaniel MurphyHighway Patrol Officerbasal cell carcinomainsidious progressive diseasereservation of jurisdictionLabor Code section 5804General Foundry Service v. Workers' Comp. Appeals Bd. (Jackson)
References
8
Case No. ADJ402198 (RDG 0130045)
Regular
Dec 27, 2011

GARY SCHOLAR vs. CITY OF CHICO, Permissibly Self-Insured

This case involves a firefighter's workers' compensation claim for squamous cell carcinoma. The key issue is whether the claim is barred by the statute of limitations. The majority affirmed the WCJ's finding that the applicant did not know, nor should have known, his disability was work-related until 2008 due to equivocal medical diagnoses. However, a dissenting opinion argues that by late 2004, the applicant was clearly diagnosed with cancer and understood the statutory presumption that firefighter cancers are work-related, thus making the claim untimely.

ADJ402198Squamous cell carcinomaStatute of limitationsOccupational diseaseDate of injuryReasonable diligenceFire DepartmentOtolaryngologistBiopsyRadiation oncologist
References
4
Case No. ADJ11278324
Regular
Jul 10, 2019

JAY VARGA vs. CITY OF LOS ANGELES

This case concerns a police officer awarded 90% permanent disability for lung cancer and squamous cell carcinoma. The defendant employer sought to reduce this award by applying a prior 1996 award for hypertension and headaches under Labor Code § 4664(c)(1)(G), arguing they were the same body region. However, the Board denied reconsideration, finding the defendant failed to adequately prove the amount of prior permanent disability for the same body region. The record was insufficient to establish what prior award would reduce the current award.

Permanent DisabilityCumulative TraumaLung CancerSquamous Cell CarcinomaMastication InjuryThroat InjuryPolice OfficerLabor Code Section 4664(c)(1)(G)Lifetime LimitationPrior Award
References
2
Case No. 532023
Regular Panel Decision
Jan 06, 2022

In the Matter of the Claim of Theresa Murphy (Murphy, Patrick M. (Dec'd)

Decedent, a court officer, participated in World Trade Center rescue operations from September 2001 to February 2002 and was later diagnosed with and died from metastatic squamous cell carcinoma. His surviving spouse, the claimant, filed for workers' compensation death benefits, alleging a causal connection between his death and WTC exposure. A Workers' Compensation Law Judge initially established the claim, but the Workers' Compensation Board reversed, finding insufficient credible medical evidence of causation. The Appellate Division, Third Judicial Department, subsequently reversed the Board's decision. The court found that the Board improperly rejected the uncontroverted medical opinion of an independent medical examiner who concluded that WTC exposure was a significant contributing factor to decedent's death, and remitted the matter for further proceedings.

World Trade Center ExposureWorkers' Compensation Death BenefitsCausal ConnectionMedical OpinionSquamous Cell CarcinomaAppellate ReviewBoard Decision ReversalIndependent Medical ExaminationRemittalToxic Exposure
References
14
Case No. 532023
Regular Panel Decision
Jan 06, 2022

Matter of Murphy v. New York State Cts.

Theresa Murphy filed a claim for workers' compensation death benefits for her deceased husband, a court officer who participated in World Trade Center rescue operations and later died from metastatic squamous cell carcinoma. The Workers' Compensation Board denied the claim, ruling that his death was not causally related to his employment, despite an initial finding by a Workers' Compensation Law Judge establishing a causal link under Workers' Compensation Law article 8-A. The Appellate Division, Third Department, reversed the Board's decision, determining that the Board improperly rejected uncontroverted medical testimony from an independent medical examiner regarding the causal connection between the decedent's WTC exposure and his death. The court found the medical opinion sufficiently credible and not speculative, concluding that the exposure was a significant contributing factor. The matter was remitted to the Workers' Compensation Board for further proceedings consistent with the Appellate Division's decision.

World Trade CenterWorkers' CompensationCausationSquamous Cell CarcinomaDeath BenefitsIndependent Medical ExaminationAppellate ReviewToxic ExposureLung CancerRemittal
References
15
Case No. 2004 NY Slip Op 24217
Regular Panel Decision
Apr 06, 2004

Matter of Lahm v. Bloomberg

Richard K. Lahm, a former New York City police officer, sought accident disability retirement (ADR) due to stage III squamous cell carcinoma, which he claimed was environmentally induced by exposure to toxic debris at the World Trade Center site on September 11, 2001. His application for ADR was denied by the Board of Trustees of the Police Pension Fund, Article II, which instead granted him an ordinary disability retirement. Lahm petitioned the Supreme Court, New York County, under CPLR article 78, seeking to annul this determination. The court found that the Board of Trustees' denial of ADR, based on a tie vote and without medical evidence contradicting Lahm's experts who opined his cancer was aggravated by WTC exposure, lacked a rational basis. Consequently, the court annulled the Board's decision and granted Lahm's application for ADR, remanding the matter for recomputation of his retirement allowance.

Police Officer DisabilityAccident Disability RetirementOrdinary Disability RetirementWorld Trade Center ExposureCancer CausationLine-of-Duty InjuryCPLR Article 78Administrative Code § 13-252Board of Trustees Decision AnnulmentCausation Standard
References
7
Case No. MISSING
Regular Panel Decision

Lahm v. Bloomberg

The petitioner, a former New York City police officer named Lahm, sought an accident disability retirement (ADR) due to stage III squamous cell carcinoma, claiming it was environmentally induced by his prolonged exposure to toxic debris at the World Trade Center site on September 11, 2001. The Police Department and the Medical Board denied his request for a line-of-duty designation and ADR, asserting no causal relationship, and instead granted him an ordinary disability retirement. The Board of Trustees subsequently denied the ADR application via a tie vote. The court found that the Medical Board failed to consider whether the petitioner's pre-existing condition was aggravated by the WTC exposure. Concluding that the Board of Trustees' denial lacked a rational basis, and noting that the record contained only medical opinions supporting the aggravation claim, the court ruled as a matter of law that the petitioner's cancer was exacerbated by the service-connected September 11, 2001 injury. Consequently, the court granted the petitioner's application, annulled the Board of Trustees' determination, and remanded the matter for recomputation of his retirement allowance with an accident disability retirement.

WTC ExposureCancer AggravationAccident Disability RetirementOrdinary Disability RetirementPolice Pension FundLine-of-Duty InjuryCausation StandardMedical BoardTie Vote AnnulmentExacerbation of Pre-existing Condition
References
7
Case No. ADJ8493192, ADJ8386046
Regular
Feb 05, 2016

HECTOR CAMPOS vs. CELL-CRETE CORPORATION, OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES, INC., INFRASOURCE, OLD REPUBLIC INSURANCE COMPANY

This case involves applicant Hector Campos seeking reconsideration of a Findings and Award concerning cumulative injuries sustained while employed by Cell-Crete Corporation and Infrasource. The Workers' Compensation Judge (WCJ) found applicant sustained a curable injury at Cell-Crete but no injury at Infrasource. Applicant argued improper consolidation and need for further discovery, while Cell-Crete asserted a post-termination defense and challenged the WCJ's reliance on an Agreed Medical Evaluator's opinion. The Workers' Compensation Appeals Board (WCAB) reviewed the petitions and answers, ultimately adopting the WCJ's report and denying reconsideration, affirming the original Findings and Award.

Workers' Compensation Appeals BoardCell-Crete CorporationOld Republic General Insurance CorporationGallagher Bassett ServicesInc.InfrasourceOld Republic Insurance CompanyADJ8493192ADJ8386046Deputy Commissioner
References
2
Case No. ADJ8386046, ADJ8493192
Regular
Oct 13, 2015

HECTOR CAMPOS vs. CELL-CRETE CORPORATION, OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES, INC., INFRASOURCE, OLD REPUBLIC INSURANCE COMPANY

This case involves a petition for reconsideration filed by both the applicant and the defendant, Cell-Crete, concerning a decision issued on July 22, 2015. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration to allow for a more thorough review of the factual and legal issues presented. This decision is necessary to ensure a just and reasoned outcome after a complete understanding of the record. All further correspondence related to the petitions must be filed directly with the WCAB Commissioners' office.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONCELL-CRETE CORPORATIONOLD REPUBLIC GENERAL INSURANCE CORPORATIONGALLAGHER BASSETT SERVICES INCINFRASOURCEADJ8386046ADJ8493192San Francisco District OfficeOPINION AND ORDER
References
0
Case No. 2816864 (VNO 0561423), ADJ2085813 (VNO 0561424), ADJ2591629 (VNO 0561426), ADJ7666693
Regular
Feb 02, 2012

RICHARD BARROW vs. County of Orange

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Richard Barrow's cumulative trauma injury, including spindle cell carcinoma and heart disease, was industrially caused. The Board found that the statute of limitations did not bar Barrow's claim as he did not know, nor should he have reasonably known, that his disability was work-related until later medical advice. The Board also upheld the temporary disability indemnity rate, finding it should be based on the date of payment, not the date of disability.

Workers' Compensation Appeals BoardCumulative traumaStatute of LimitationsLabor Code section 5412Date of injuryAgreed Medical ExaminerSpindle cell carcinomaCoronary artery diseasePulmonary restrictive lung diseaseRadiation induced cardiomyopathy
References
7
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