WCPanelIQ
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Jose Castillo — ADJ11624477

JOSE CASTILLO, Applicant vs. ASTRO ALUMINUM TREATING COMPANY and ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ11624477
Decision date
Mar 15, 2021
District office
Santa Ana
WCJ
—
Claim administrator
Zurich American Insurance Company
Commissioners
CRAIG SNELLINGS, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: lungs, respiratory system

LC §3202.5LC §3600LC §5701LC §5906LC §5502

Summary

Jose Castillo, a shipping/receiving supervisor and former aircraft parts sander, claimed cumulative injury to his lungs and respiratory system from aluminum/metallic dust exposure during employment with Astro Aluminum Treating Company. The WCJ found injury AOE/COE based on QME Dr. Lineback's reports and applicant's credible testimony. Defendant sought reconsideration, arguing Dr. Lineback's reports were not substantial evidence and that the record should be further developed. The WCAB granted reconsideration to study the issues but ultimately affirmed the F&A, finding Dr. Lineback's opinions—which relied on examination, accurate history, and concurrence with treating physician Dr. Reyes and academic pulmonologist Dr. Kafi—constituted substantial evidence. The Board declined to order development of the record because defendant failed to introduce any contradictory evidence of non-industrial causation.

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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