Toru Kobayashi (Dec'd) — ADJ12770540

The deceased applicant, a senior relationship manager, suffered a catastrophic hypoxic/cardiac event on September 16, 2019 while on a business trip to New Jersey, found unresponsive in his rental car after collecting two boxes of frozen fish samples packed with sublimating dry ice. The central dispute was whether the injury arose out of and in the course of employment (AOE/COE), specifically whether carbon dioxide exposure from the dry ice caused or contributed to his injury. The WCJ relied on the panel QME's opinion (Dr. Noriega) finding industrial causation by reasonable medical probability, and alternatively applied the commercial traveler rule and neutral risk/mysterious death doctrines. The WCAB adopted and incorporated the WCJ's Report and Opinion, denying defendants' Petition for Reconsideration. The Board found the QME's opinions constituted substantial evidence that CO2 exposure was at least a contributing cause, satisfying the Maher contributory cause standard.