Quiroz, Lenin

Lenin Quiroz, a civilian Detention Officer for the City of Los Angeles, developed testicular cancer that he attributed to cumulative trauma exposure to mold, fungus, and pesticides in dilapidated jail facilities over a 14-year career. The arbitrator found the injury arose out of and in the course of employment (AOE/COE), rejected a statute of limitations defense, accepted the AME's reporting as substantial evidence, and assigned occupational group number 490, awarding 13% permanent disability. Defendant petitioned for reconsideration arguing the claim was time-barred under section 5405, that AME Dr. Kuyt's reporting was not substantial evidence, and that group number 390 (not 490) should apply. The WCAB adopted and incorporated the arbitrator's report and denied reconsideration, finding the section 5412 date of injury was tolled until Dr. Kuyt's reporting, the AME opinion was substantial evidence, and group 490 was appropriate based on the applicant's actual job duties. The Board also addressed the amended section 5909 timing requirements, confirming it acted timely within 60 days of case transmission.