Alvarez, Daniel

Applicant Daniel Alvarez, an IQF machine production worker, claimed he sustained a pontine hemorrhage as a result of carbon dioxide poisoning while cleaning a chicken-freezing machine on September 28, 2022. Defendant Compass Foods and CompWest Insurance contended the hemorrhage resulted from uncontrolled hypertension and that there was insufficient evidence of elevated CO2 levels to cause poisoning. The WCJ found injury AOE/COE based on PQME Dr. Michael Bronshvag's opinion that CO2 exposure was a reasonably probable contributory cause, plus the applicant's credible, uncontroverted testimony. The Appeals Board adopted and incorporated the WCJ's report and denied reconsideration, finding Dr. Bronshvag's opinion to be substantial medical evidence and giving great weight to the WCJ's credibility determination. The Board also addressed the timeliness of its decision under newly amended Labor Code section 5909, concluding it acted within 60 days of case transmission.