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Emilio Eddie Romero — ADJ10894605

EMILIO EDDIE ROMERO (deceased), Applicant vs. CLOROX PRODUCTS MANUFACTURING COMPANY; AIG RM, adjusted by GALLAGHER BASSETT SERVICES, Defendants

ADJ number
ADJ10894605
Decision date
Oct 13, 2021
District office
Anaheim District Office
WCJ
Alan Skelly
Claim administrator
Gallagher Bassett Services (adjusting for AIG RM)
Commissioners
—

Injury / body parts: lungs, pulmonary system, death

LC §3202.5

Summary

Emilio Eddie Romero worked as a maintenance mechanic at Clorox Products Manufacturing for 37 years and died on November 1, 2008 from idiopathic pulmonary fibrosis (IPF). His widow pursued a death benefit claim alleging that industrial exposure to pulmonary irritants (chemicals and asbestos) caused or hastened his death. The WCJ found the death industrially related, relying on Dr. Hirsch's reporting over defendant's expert Dr. Sachs, and awarded death benefits including the $5,000 burial expense, with two total dependents found. Defendant petitioned for reconsideration arguing applicant failed to prove causation, particularly because the chemical exposure could not be quantified. The Board granted reconsideration to study the issues, then affirmed the WCJ's decision, adopting the WCJ's Joint Report, holding the WCJ properly chose Dr. Hirsch's persuasive opinion based on the correct standard of reasonable medical probability.

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Holding

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