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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. 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. 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. 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. 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. ADJ11825976
Regular
Dec 11, 2020

THOMAS SZCESZINSKI vs. BUTLER CHEMICALS, SEDGWICK CMS - STATE FARM (3241)

This case concerns an injured worker, Thomas Szceszinski, and his employer, Butler Chemicals. The Workers' Compensation Appeals Board denied the employer's petition for reconsideration. The employer's duty to provide a claim form arose when the employer received written notice of the injury through the employee's resignation letter and subsequent verbal report, which the employer failed to comply with. The Board upheld the award of temporary disability indemnity, reasoning that the employer's failure to offer modified work meant the employee's resignation, due to work-related pain, did not negate his entitlement to benefits.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5401Knowledge of InjuryClaim Form DWC 1Temporary Total DisabilityHealing PeriodPermanent and StationaryModified WorkWage Loss Basis
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. 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. 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. FRE 0193970
Regular
Aug 07, 2007

STEVEN L. SMITH vs. IMC CHEMICAL, INC.

The Court of Appeal remanded this case for the Appeals Board to award attorney's fees for responding to the defendant's petition for writ of review. The applicant's attorney requested $15,600 for 52 hours of work, citing extensive research and numerous case citations. The Appeals Board awarded $3,750, finding the requested amount excessive and deeming 15 hours at $250/hour reasonable for the slightly above-average complexity of the appellate issues.

WCABLabor Code § 5801Petition for Writ of ReviewAttorney's FeesFifth Appellate DistrictRemandSupplemental AwardPetition for ReconsiderationSubstantial EvidenceNovel Issue
References
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