Thomas Oakes — ADJ8905938

In this asbestos death claim, decedent Thomas Oakes worked as a route driver picking up red rags used by auto mechanics to wipe out asbestos-containing brake linings, and died of sarcomatoid mesothelioma. The WCJ found injury AOE/COE based on the unrebutted testimony of a coworker and the widow, plus the QME opinion of Dr. Ganzhorn that the red rags were the mechanism of asbestos exposure. Defendant sought reconsideration, arguing the QME opinion was speculative and based on hearsay. The Board agreed the causation framework was sound but found two critical evidentiary gaps: the record contained no evidence of when asbestos was actually used in brake linings, and no evidence of when decedent actually started working as a route driver (the exposure period). Because causation could not be established without knowing whether the rags decedent handled during his employment contained asbestos, and because the period of exposure was incorrectly determined, the Board rescinded the Findings and remanded for further proceedings.