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PanelQMEMed-legalGranted

Lisa Cangelosi — ADJ11876650, ADJ12092840, ADJ12092799

LISA CANGELOSI, Applicant vs. ORANGE COUNTY DEPARTMENT OF EDUCATION, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ11876650, ADJ12092840, ADJ12092799
Decision date
Aug 7, 2022
District office
Santa Ana
WCJ
Oliver Cathey
Claim administrator
Sedgwick Claims Management Services (administrator for Orange County Department of Education, permissibly self-insured)
Commissioners
—

Injury / body parts: head, eyes, nose, respiratory system, lungs (asthma/COPD)

LC §5701CCR §35.5

Summary

Applicant Lisa Cangelosi, a 59-year-old administrative assistant for Orange County Department of Education, claimed industrial injury to her head, eyes, nose, and respiratory system from mold/spore exposure at a Tustin facility during continuous trauma periods. The WCJ found industrial causation based on applicant's credible testimony, medical records, environmental reports documenting mold (Stachybotrys, Cladosporium, Penicillium/Aspergillus), and the opinions of PQME Dr. Donald Lee, who opined that the applicant's pre-existing COPD and asthma made her threshold for injury lower than a typical occupant. Defendant petitioned for reconsideration, arguing the causation finding was speculative, Dr. Lee's reporting was not substantial medical evidence, and Dr. Lee (a toxicologist) was not qualified to opine on pulmonary issues. The WCAB granted reconsideration solely to correct a clerical issue—adopting the WCJ's report and adding Finding of Fact 6 (instead of duplicate Finding of Fact 5) confirming Dr. Lee's qualification and competence—while affirming the substance of the WCJ's decision in favor of applicant.

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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