MARIO MORALES, Applicant vs. ANCON MARINE and ZURICH AMERICAN INSURANCE COMPANY, Defendants
ADJ number
ADJ11399411
Decision date
Dec 21, 2023
District office
San Diego
WCJ
Andrew J. Shorenstein
Claim administrator
Zurich American Insurance Company
Commissioners
—
Injury / body parts: face, mouth, jaw, neck, lung, squamous cell cancer (oral cavity/alveolar ridge), psyche, gastrointestinal system, skin
LC §3600
Summary
Mario Morales, a diesel truck mechanic for hazardous waste disposal company Ancon Marine, claimed industrial injury in the form of squamous cell oral cancer and subsequent lung cancer from chronic workplace exposure to carcinogenic chemicals, fumes, and dusts over an eight-year period (2008-2017). The WCJ found injury AOE/COE based on the reports of internal medicine/pulmonary QME Dr. Stewart Lonky, who initially had been provided an inaccurate history but, after reviewing the trial transcript, reaffirmed his opinion that workplace chemical exposure was a contributing cause of the cancer. Defendant petitioned for reconsideration, arguing Dr. Lonky's reports were not substantial evidence, that a toxicology expert was needed, and that applicant failed to meet his burden of proof on causation. The WCAB affirmed the F&A, finding Dr. Lonky's opinions were not speculative, were based on an adequate history, and constituted substantial evidence, and that workers' compensation requires only that employment be a contributing cause of injury.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.