Valdivia, Miguel

Miguel Valdivia, a gyroscope repairer, claimed cumulative industrial injury in the form of leukemia, myelodysplasia, and immune system damage from chemical/solvent exposure ending August 22, 1999; he later died and his widow continued litigating accrued benefits under Labor Code section 4700 (no death benefit claim was filed). The WCJ found no industrial injury, relying on PQME Edward O'Neill, M.D., over the contrary opinions of Drs. Padova and Brautbar, and ordered applicant take nothing. The Board first addressed a timeliness issue under former Labor Code section 5909, holding its time to act on the petition was equitably tolled because it did not receive actual notice of the petition until April 21, 2021, through no fault of the parties. On the merits, the Board adopted the WCJ's Report, finding Dr. O'Neill's opinion the better-reasoned substantial evidence because the contrary opinion rested on a hypothetical assuming 'significant exposure' that was unsupported by the record. The Board affirmed the WCJ's Supplemental Findings and Order.