Stuart Swan — ADJ9936596, ADJ10421429

Stuart Swan claimed cancer (multiple myeloma and skin cancer) from chemical exposure while employed as an irrigation specialist by Moreno Valley Unified School District (2000-2014) and earlier as a painter at Moreno Valley/Moss Bros Dodge (1999-2000). After the claims were resolved by a dependency Compromise and Release for $270,000, Moreno Valley Unified filed an Amended Petition for Reimbursement against the Moss Bros Dodge carriers (Chubb/ESIS and Insurance Company of the West). The WCJ found that the reports of QME Dr. Mark Ngo did not constitute substantial evidence to support reimbursement, declined further development of the record, and ordered Moreno Valley Unified take nothing. The WCAB denied reconsideration, adopting the WCJ's Report, holding that Dr. Ngo's reports failed to establish the degree of causation attributable to the prior employer, that defense QME Dr. Padova's contrary opinion was substantial evidence, and that Moreno Valley Unified failed to exercise due diligence in discovery.