Cortez Renteria, Juan

In this cumulative-injury and death claim, applicant's attorney sought reimbursement under Labor Code section 5811 for the cost of retaining Dr. Tom Maricich, a general and organic chemistry expert, to determine the chemicals applicant was exposed to while working at Polyclad Laminates (later Isola), a circuit-board manufacturer that had gone out of business and produced only about 30 pages of MSDS data versus over 1,400 pages from co-employer Newport Adhesives. The WCJ found the expert cost was not reasonable or necessary when incurred, relying on applicant's 2012 deposition testimony to conclude his chemical exposures at both employers were the same. Applicant's attorney argued the expert was reasonable and necessary because the defunct employer failed to produce MSDS and records, making expert input essential to develop the medical record on whether applicant was exposed to carcinogens. The Appeals Board granted reconsideration to further review whether the record supports reimbursement, noting applicant was an unsophisticated, Spanish-speaking machine operator with no chemistry training whose lay testimony was likely insufficient to document chemical exposure. The Board deferred a final decision after reconsideration pending further review of the merits.