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PanelQMEMed-legalGranted in Part

Arbogast, Elizabeth

ELIZABETH ARBOGAST, Applicant vs. CALIFORNIA HIGHWAY PATROL, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ9509417
Decision date: Apr 4, 2023
District office: Riverside
WCJ: —
Claim administrator: State Compensation Insurance Fund (administering California Highway Patrol, legally uninsured)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: ovarian cancer, hernia, peripheral neuropathy, colon

LC §5410LC §5804CCR §9735

Summary

CHP officer Elizabeth Arbogast sustained industrial injury during 1984-2014 in the form of ovarian cancer, hernia, peripheral neuropathy, and colon injury, attributed to occupational exposures to diesel exhaust, vehicle/structure fire fumes, and carcinogenic chemicals. The WCJ found her ovarian cancer to be an insidious progressive disease and awarded further medical treatment, but did not specifically reserve jurisdiction over permanent disability. Defendant sought reconsideration arguing the medical record did not support an insidious progressive disease finding and that failure to reserve jurisdiction was error. The WCAB panel affirmed the insidious progressive disease finding, holding that the potential for the cancer to recur (at least a 50% chance per the oncology QME) and cause future impairment was sufficient, and amended the award to expressly reserve jurisdiction over permanent disability beyond the five-year limits of Labor Code sections 5410 and 5804.

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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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. 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.