Jose Villagomez — ADJ11290690

Jose Villagomez, a 58-year-old painter, was found to have developed Acute Myeloid Leukemia (AML) arising out of and in the course of his 25-year employment due to benzene and chemical exposure from paint. The disputed issue was the date of injury under Labor Code § 5412 and the period of liability under § 5500.5, with co-defendant Oak River (administered by Berkshire Hathaway) arguing that the latency period determined the date of injury. The WCJ found no substantial medical evidence to establish a specific latency period because both the PQME (Dr. Ahdab) and treating physician (Dr. Brautbar) concluded that the cancer was caused by the cumulative 25-year exposure and that a precise latency period could not be determined without speculation. The WCAB adopted and incorporated the WCJ's report and denied reconsideration, affirming a date of injury based on the last date of injurious exposure (June 18, 2017), establishing the CT claim period as June 18, 2016 to June 18, 2017.