WCPanelIQ
PanelGranted in Part

Czekala, Nancy

NANCY CZEKALA, Applicant vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA; STATE COMPENSATION INSURANCE FUND; ZOOLOGICAL SOCIETY OF SAN DIEGO; LIBERTY MUTUAL INSURANCE COMPANY; FEDERAL INSURANCE COMPANY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE COMPANY, in Liquidation, Defendants

ADJ number
ADJ10172107
Decision date
Jul 14, 2024
District office
San Diego
WCJ
—
Claim administrator
California Insurance Guarantee Association (CIGA) for Fremont Insurance Company, in Liquidation
Commissioners
—

Injury / body parts: multiple myeloma (cancer)

LC §5500.5

Summary

Applicant Nancy Czekala, a laboratory technician/supervisor, sustained industrial multiple myeloma from cumulative exposure to benzene and other chemicals over her career with UCSD and the Zoological Society of San Diego. The WCJ found that the last year of injurious exposure under Labor Code section 5500.5 was January 1, 1996 to January 1, 1997, when the employer was insured by Fremont Insurance Company (now in liquidation), making CIGA solely liable. CIGA sought reconsideration, arguing the injurious exposure continued until applicant's 2006 retirement, when Federal Insurance Company provided coverage. The Board granted reconsideration only to make non-substantive technical corrections (correcting an error referring to CIGA as the employer's insurer and amending the Award to refer solely to CIGA), but affirmed the substance of the WCJ's findings. The Board held that mere exposure is insufficient under section 5500.5; the statute requires injurious exposure, which medical and testimonial evidence showed ended in 1997 when applicant left bench work and protective measures (hoods) were installed.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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