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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. 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. 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. 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. LBO 0377371
Regular
Apr 28, 2008

EDUBIJES TORREZ vs. RED HILLS COUNTRY CLUB, CHUBB SERVICES CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Chubb Insurance's petition for reconsideration, affirming the original finding that Edubijes Torrez sustained a cumulative trauma injury (leiomyosarcoma) due to chemical exposure as a groundskeeper. The Board found that despite the provision of protective gear in 1998, the applicant's exposure continued through his last year of employment, making Chubb, the insurer during that period, liable for the $100\%$ permanent disability award. Chubb's argument that exposure ceased in 1998 was rejected due to evidence of ineffective protective gear and continued exposure.

LeiomyosarcomaCumulative traumaLabor Code section 5500.5Injurious exposureRespirator protective gearLatency periodIndustrial chemical exposurePermanent disabilityGroundskeeperRed Hill Country Club
References
Case No. ADJ2393396 (VNO 0518987) ADJ1912573 (VNO 0518986)
Regular
May 05, 2015

CHRISTOPHER COLON vs. MILES CHEMICAL COMPANY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim where the applicant alleged serious and willful misconduct by his employer, Miles Chemical Company. The applicant claimed the employer failed to provide adequate safety equipment, specifically respiratory filters, leading to injuries from chemical exposure. The Workers' Compensation Appeals Board denied reconsideration, affirming the trial judge's finding that the employer's actions did not constitute serious and willful misconduct. The Board found the applicant's injuries were caused by third-party forklift drivers and lacked sufficient evidence that the alleged inadequate respiratory filters were the proximate cause of the injury or that the employer acted with the requisite intent or recklessness.

Workers' Compensation Appeals BoardSerious and willful misconductLabor Code section 4553Industrial injuryChemical exposureRespiratory filtersNegligenceProximate causeSubstantial evidenceManaging officer
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. 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. ADJ6780755
Regular
Oct 08, 2012

MARYLYNN REYNOLDS vs. EAST SIDE UNION HIGH SCHOOL, PROTECTED INSURANCE PROGRAM FOR SCHOOLS

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The applicant alleged industrial injury to her internal system due to chemical exposure from a vandalized classroom. However, the Qualified Medical Evaluator found no evidence that the applicant's symptoms were industrially caused, suggesting they were likely related to pre-existing allergies and asthma. The Board affirmed the WCJ's finding that the applicant failed to meet her burden of proof for an industrial injury.

Workers' Compensation Appeals BoardPetition for Reconsiderationindustrial injurychemical exposureteacherfire extinguisher vandalismrespiratory systemnervous systemfaceeye irritation
References
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