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

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. 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. 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. ADJ3229251 (GRO 0032007) ADJ4697200 (GRO 0032008)
Regular
Apr 24, 2009

JOYCE ROARK vs. CORDOVA CHEMICAL/AEROJET, PACIFIC EMPLOYERS INSURANCE by ESIS

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, increasing the death benefit to $125,000 and the attorney fee to $18,750, based on a June 2004 date of injury. The Board denied the defendant's petition, upholding the finding that the deceased worker's death from cancer was industrially caused based on Dr. O'Neill's medical opinion. While the majority found Dr. O'Neill's revised opinion, considering chromosomal damage and a specific medical article linking rare tumors to similar chemical exposures, constituted substantial evidence, one commissioner dissented, arguing the medical evidence was insufficient for a finding of industrial causation. The dissenting commissioner believed further medical evaluation was necessary, preferring an IME to resolve the causation issue.

David RoarkJoyce RoarkCordova Chemical/AerojetPacific Employers InsuranceESISADJ3229251ADJ4697200Joint Findings and AwardPetition for ReconsiderationIndustrial Injury
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
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. ADJ3276532 (OAK 0336096)
Regular
Mar 29, 2011

JERRY DUARTE (Deceased) SHIRLEY DUARTE (Widow) vs. STOESSER INDUSTRIES, SCIF INSURED PLEASANTON, FIREMAN'S FUND SACRAMENTO

This case concerns a widow's claim for workers' compensation death benefits following her husband's cancer death, alleging exposure to carcinogenic chemicals at work. The original finding barred the claim due to the statute of limitations, as the application was filed over a year after the employee's death. The Appeals Board, on reconsideration, reversed this, finding the defendant failed to prove the widow knew or should have known of the industrial causation within the one-year period. Therefore, the claim is not time-barred, and all other issues are returned to the trial level for further proceedings.

Cumulative TraumaCarcinogenic ChemicalsDeath BenefitsStatute of LimitationsIndustrial CausationOccupational ExposureDependent ClaimMedical ConfirmationReasonable DiligenceAffirmative Defense
References
Case No. SFO 0496923
Regular
Jan 15, 2008

ROBERT THOMPSON (Deceased) NATALIA THOMPSON (Widow) vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agency

This case concerns a California Highway Patrol officer who died from melanoma. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award of death benefits, and found the injury was not industrial. The Board concluded the applicant failed to demonstrate a reasonable link between his employment and the melanoma, citing non-industrial risk factors such as childhood sun exposure and family history.

Workers' Compensation Appeals BoardRobert ThompsonNatalia ThompsonCalifornia Highway PatrolLegally UninsuredState Compensation Insurance FundSFO 0496923Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ17298965
Regular
Apr 28, 2025

SETH FRANKLIN vs. CITY OF REDLANDS, ADMINSURE

Applicant Seth Franklin, a police officer, sought reconsideration of a WCJ's decision that denied his claim for industrial injury in the form of melanoma. The WCJ initially found applicant was not entitled to the cancer presumption under Labor Code section 3212.1. The Appeals Board granted reconsideration, concluding that the WCJ erred. The Board determined that applicant, as a police officer, was exposed to solar radiation (a known carcinogen) and his melanoma developed or manifested during his employment, thus entitling him to the cancer presumption. The case has been returned to the trial level for further proceedings to determine if the presumption can be rebutted.

Labor Code section 3212.1cancer presumptionpolice officermelanomaindustrial injurycarcinogensolar ultraviolet radiationlatency periodrebuttal of presumptioncumulative trauma
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
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