Decedent Electrician Suffered Injurious Exposure to Asbestos Fibers: Cal. Comp. Cases June Advanced Postings (6/9/2015)

Here’s the third batch of advanced postings for the June 2015 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries.

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Contra Costa Electric, Inc., American Casualty Company of Reading, Pennsylvania, adjusted by Sedgwick Claims Management Services, Inc., Petitioners v. Workers' Compensation Appeals Board, John Pillo (Dec'd), Suzette Dubay (as conservator for Cari Pillo, daughter), Respondents, lexis.com, Lexis Advance

Cumulative Injury—Injurious Exposure—Asbestos—WCAB affirmed WCJ’s finding that decedent electrician who died on 12/10/2010 from mesothelioma suffered injurious exposure to asbestos fibers during period of employment with defendant from 1999 to 2006 for purposes of defendant’s liability for death claim under Labor Code § 5500.5, when applicant offered testimony of coworkers and industrial hygienist’s report establishing that decedent was exposed to asbestos while working for defendant, in addition to report of qualified medical evaluator, indicating five to ten year latency period for development of mesothelioma from last injurious exposure, and WCAB concluded that...

Great Divide Insurance Company (c/o Berkley Specialty Underwriting Managers, LLC), insurer for Chargers Football Company, dba San Diego Chargers and Forty-Niners Football Company, dba San Francisco 49ers, Petitioner v. Workers' Compensation Appeals Board, Derek Smith, Respondents, lexis.com, Lexis Advance

Permanent Disability—Apportionment—WCAB affirmed WCJ’s unapportioned award of 71 percent permanent disability for single period of cumulative trauma incurred by applicant over his entire career as professional football player, and found that WCJ did not impermissibly merge multiple periods of cumulative trauma or otherwise fail to properly apportion permanent disability, when WCJ, in awarding permanent disability, relied on opinion of… 

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