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

Case No. ADJ8218969
Regular
Feb 05, 2015

JOSE CARRILLO (Deceased) ELVIRA CARRILLO (Widow) vs. ESTERLINE TECHNOLOGIES CORPORATION, ARCH INSURANCE, Administered by ESIS

The Workers' Compensation Appeals Board granted reconsideration of a taken nothing order concerning the death claim of Jose Carrillo, who died of renal cell carcinoma. The initial decision found the widow failed to prove her husband's cancer was industrially caused by toxic exposure during his employment. The Board found the Qualified Medical Evaluator's opinion equivocal and the record insufficient to determine the extent of the decedent's exposure to carcinogens. Therefore, the case was returned to the trial judge for further development of the record regarding chemical exposure and a new determination of industrial causation.

Workers' Compensation Appeals BoardElvira CarrilloJose CarrilloEsterline Technologies CorporationArch InsuranceESISADJ8218969Petition for ReconsiderationFindings and Ordertaken nothing order
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ8804613
Regular
Jun 03, 2016

KIM LARSEN vs. UKIAH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied the defendant school district's petition for reconsideration of an award for acute myeloid leukemia. The Board found the applicant's exposure to diesel exhaust while employed by the school district was an injurious exposure contributing to the cancer. The Board ruled that the agreed medical evaluator's reports were admissible and constituted substantial medical evidence of the link between diesel exhaust and leukemia. Therefore, the school district was held liable as the last employer where the applicant was exposed to the hazard.

acute myeloid leukemiadiesel exhaust exposurecumulative traumalast injurious exposureagreed medical evaluatorlabor code section 5500.5reasonably probable causationsubstantial medical evidencebenzene exposurefirefighter
References
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. ADJ6743571, ADJ7493283
Regular
Jun 14, 2013

STEPHEN CARBONARO vs. EAST BAY MUNICIPAL UTILITY, DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the consolidation of two cases concerning toxic exposure claims. The Board found that the defendant failed to demonstrate significant prejudice or irreparable harm from the consolidation, as required by WCAB Rule 10843. Although the defendant argued it lacked an opportunity to respond to the initial consolidation order, the Board noted their Petition for Removal served as this response. The Board adopted the WCJ's reasoning that consolidation was appropriate due to common issues of fact regarding toxic exposure and would promote judicial efficiency.

Petition for RemovalPetition for ConsolidationWCAB Rule 10843WCAB Rule 10589irreparable harmsignificant prejudiceabuse of discretioncommon issues of factStatute of Limitationstoxic chemical exposure
References
Case No. ADJ1168599 (WCK 0050522)
Regular
Mar 05, 2009

STANLEY ANGEL (Deceased) WANDA ANGEL (Widow) vs. DOW CHEMICAL COMPANY, CRAWFORD & COMPANY, TRAVELERS

The Workers' Compensation Appeals Board reversed a prior finding that Stanley Angel's death from multiple myeloma was industrially caused by chemical exposure at Dow Chemical Company. The Board found insufficient evidence of sufficient exposure levels and duration to establish industrial causation. Medical opinions were split, but the Board found the applicant failed to meet the burden of proof for a causal connection. Consequently, the applicant received no further benefits.

Multiple MyelomaToxic Chemical ExposureIndustrial CausationQualified Medical EvaluatorLatency PeriodOrganic SolventsCumulative TraumaIndustrial InjuryWorkers' Compensation Appeals BoardReconsideration
References
Case No. VNO 0349083
Regular
Jul 30, 2007

JUAN MONTERROSO vs. MCALLISTER'S AUTO BODY, INC., CIGA For FREMONT INDEMNITY By CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing Pacific Compensation/CIGA and Reliance Insurance Company/CIGA from applicant Juan Monterroso's claim. The Board adopted the judge's report, which found that other insurance carriers were on the risk during the alleged period of injurious exposure. Therefore, CIGA was not liable for benefits under Insurance Code Section 1063.1(c)(9).

WORKERS' COMPENSATION APPEALS BOARDJUAN MONTERROSOMCALLISTER'S AUTO BODY INC.CIGAFREMONT INDEMNITYCAMBRIDGE INTEGRATED SERVICESORDER DENYING RECONSIDERATIONPetition for ReconsiderationAdministrative Law JudgeLabor Code §5903
References
Case No. ADJ1168599
Regular
May 29, 2009

STANLEY ANGEL (Deceased) WANDA ANGEL (Widow) vs. DOW CHEMICAL COMPANY, CRAWFORD & COMPANY, TRAVELERS

This case concerns a widow's petition for reconsideration of a denial of death benefits for her husband, Stanley Angel, who died of multiple myeloma. The Appeals Board previously ruled that there was insufficient substantial medical evidence to establish that Mr. Angel's exposure to toxic chemicals during his employment with Dow Chemical Company caused his illness. The widow argued the Board erred in disregarding the opinion of her Qualified Medical Evaluator, Dr. Harrison, and misapplied the burden of proof. However, the Board affirmed its prior decision, finding Dr. Harrison's revised opinion lacked a solid basis and was inconsistent with other evidence regarding the extent and duration of exposure.

Multiple MyelomaIndustrial InjuryToxic Chemical ExposureQualified Medical Evaluator (QME)Medical CausationLatency PeriodSubstantial Medical EvidenceBurden of ProofReconsiderationOccupational Medicine
References
Case No. ADJ10426328
Regular
Oct 11, 2018

Fernando Marquez vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a teacher who claims a cumulative trauma injury from toxic chemical exposure near his school, leading to 100% permanent disability. The Workers' Compensation Appeals Board (WCAB) affirmed the finding of industrial injury and permanent total disability. However, they rescinded the presumption of compensability due to the lack of a filed DWC-1 claim form. The WCAB also clarified the injured body parts to include trachea and prediabetes, and confirmed the decision to not apportion the disability.

Workers' Compensation Appeals BoardCumulative trauma injuryThyroid cancerMetastatic lung cancerIndustrial exposureToxic chemicalsCarcinogensPermanent disabilityApportionmentDue process
References
Case No. ADJ7341086, ADJ7618068
Regular
Jun 18, 2013

EVANGELINA RODRIGUEZ vs. TREND TECHNOLOGIES, ARGONAUT INSURANCE COMPANY, CONTINENTAL CASUALTY c/o CNA CLAIMS PLUS, ATR INTERNATIONAL, INC., NATIONAL UNION FIRE INSURANCE, Administered by AIG c/o CHARTIS

This case concerns Evangelina Rodriguez's claim for workers' compensation benefits due to pulmonary fibrosis, allegedly caused by industrial toxic substance exposure. The Administrative Law Judge (WCJ) previously found no causal link between her employment at Trend Technologies or ATR International and her condition. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the WCJ's findings and concluding applicant failed to prove industrial causation by a preponderance of the evidence. One commissioner dissented, arguing substantial medical evidence supported a causal connection and advocating for granting reconsideration.

Pulmonary fibrosisCumulative trauma injuryIndustrial causationMedical evidencePreponderance of the evidenceReasonable probabilityToxic substancesWorkers' Compensation Appeals BoardFindings and OrderPetition for Reconsideration
References
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