Miguel Menchaca — ADJ9553930

Miguel Menchaca, an employee of the Department of Developmental Services (Lanterman), died of small cell lung cancer on July 28, 2013, allegedly due to asbestos exposure at work. After trial, the WCJ found the decedent sustained an injury AOE/COE to his respiratory system resulting in death, relying on the testimony of the widow Eileen Menchaca, documentary evidence of asbestos at the facility, and the PQME opinion of Dr. Meth. The defendant (legally uninsured DDS, administered by State Compensation Insurance Fund) petitioned for reconsideration, arguing that Dr. Meth's opinion was not substantial medical evidence and that there was no evidence of actual asbestos exposure. The WCAB adopted and incorporated the WCJ's Report and Opinion on Decision, gave great weight to the WCJ's credibility determination under Garza, and denied reconsideration.