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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
Case No. ADJ9623149
Regular
Jun 25, 2018

ADAM PALSGROVE vs. CITY OF PALO ALTO, YORK RISK SERVICES GROUP, INC.

This case involves a firefighter diagnosed with basal cell carcinoma, claiming it's industrially caused under the Labor Code section 3212.1 presumption. The defendant employer attempted to rebut this presumption by arguing the cancer's latency period exceeded the applicant's employment duration. However, medical evidence indicated that cumulative exposure to UV light during employment contributed to the cancer's development. The Appeals Board granted reconsideration, finding the employer failed to rebut the presumption of industrial causation based on this medical evidence.

Labor Code 3212.1Firefighter presumptionBasal cell carcinomaIndustrial causationRebuttal of presumptionKnown carcinogenLatency periodCumulative effectUV light exposureMedical evidence
References
Case No. ADJ8290469
Regular
Jul 02, 2015

Mario Cortez vs. The Regents of the University of California Riverside; permissibly self-insured, administered by Sedgwick Claims Management Services

This case concerns Mario Cortez, a police officer for the University of California-Riverside, who claimed cumulative skin cancer to his face due to sun exposure during his employment. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and stay of the award. The Board found substantial evidence supported the finding of industrial causation for basal cell carcinoma, based on medical reports and the applicant's testimony. The Board also affirmed the 25% permanent partial disability rating and the 90% apportionment to industrial causes, deeming the physician's reasoning sound.

Workers' Compensation Appeals Boardcumulative injuryskin cancerbasal cell carcinomapermanent partial disabilityapportionmentindustrial causationAMA GuidesLabor Code Section 3212.1treating physician
References
Case No. ADJ4571860
Regular
Oct 16, 2008

FRANK REID vs. COUNTY OF SAN DIEGO

The Appeals Board reversed the trial judge's decision, finding the applicant's skin cancer was not an insidious, progressive disease and thus jurisdiction over permanent disability could not be reserved. They also disallowed apportionment of the applicant's 37 percent permanent disability, as he had no prior awards and was covered by a statutory exception for peace officer injuries. The Board established July 28, 2003, as the permanent and stationary date and corrected the date of injury to July 28, 2003.

Workers' Compensation Appeals BoardFrank ReidCounty of San DiegoCriminal Investigator IVindustrial injuryskin cancerinsidious disease processpermanent and stationarypermanent disabilityapportionment
References
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
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
Case No. ADJ7318651
Regular
Jan 12, 2012

JERRY CHAVEZ, Jr. vs. CITY OF VERNON

This case concerns a police officer diagnosed with renal cell carcinoma who sought workers' compensation benefits under Labor Code section 3212.1's cancer presumption. The applicant presented evidence of industrial exposure to known carcinogens such as diesel exhaust and benzene. The defense failed to rebut the presumption by failing to present evidence that the primary cancer site was identified and that the identified carcinogen was not reasonably linked to the cancer. The Appeals Board affirmed the judge's findings, denying the defendant's petition for reconsideration.

Workers' Compensation Appeals BoardCity of VernonJerry Chavez Jr.Petition for ReconsiderationFindings and Ruling and Awardcancer presumptionLabor Code section 3212.1industrial exposurecarcinogenic substancesWCJ
References
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
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. 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
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