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Kent Kafentzis — ADJ7320497

KENT KAFENTZIS, Applicant vs. SAFETY-KLEEN SYSTEMS, INC.; RELIANCE NATIONAL INDEMNITY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ7320497
Decision date: Aug 18, 2021
District office: Long Beach
WCJ: Michael T. Justice
Claim administrator: Sedgwick Claims Management Services (administering for Reliance National Indemnity)
Commissioners: —

Injury / body parts: kidney (renal cell carcinoma), abdomen, back, circulatory system, excretory system

LC §139.3LC §4060LC §4628LC §5813CCR §10421CCR §10561CCR §10775

Summary

Applicant Kent Kafentzis was exposed to toxic chemicals while working as a warehouseman/sales route person for Safety-Kleen from May to November 1995, later developing renal cell carcinoma. Defendant's QME Dr. Hyman and applicant's QME Dr. Brautbar both found injury AOE/COE and 100% permanent total disability. Dissatisfied, defendant obtained an industrial hygienist report from John Spencer and a non-examining medical report from Dr. Peter Shields (and a supplemental Hyman report adopting Shields), which the WCJ gave no weight (and found the Shields report inadmissible under Labor Code section 4628(c)). The WCJ found injury AOE/COE and 100% PTD based on Drs. Brautbar and Hyman's original reports. The WCAB denied reconsideration, adopting the WCJ's report, and admonished defense counsel Frank Cannizzaro under Labor Code section 5813 and Regulation 10421 for offensive language impugning the integrity of the WCAB.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.