HAROLD MISKELL, Applicant vs. COUNTY OF RIVERSIDE, Permissibly Self-Insured, Defendant
ADJ number
ADJ11612658
Decision date
Feb 18, 2021
District office
Riverside
WCJ
—
Claim administrator
County of Riverside, Permissibly Self-Insured
Commissioners
—
Injury / body parts: heart, circulatory system, excretory system, kidney, hypertension, prostate (cancer), skin, back, left knee
LC §3212LC §3212.1LC §3212.5LC §5906
Summary
Applicant Harold Miskell, a correctional deputy for the County of Riverside, was found to have sustained industrial injury to his heart, circulatory system, excretory system, and in the form of hypertension during a cumulative period ending October 3, 2018, but the WCJ found no industrial injury for prostate cancer, holding the Labor Code section 3212.1 cancer presumption was rebutted by AME oncologist Dr. James Padova. Applicant sought reconsideration, arguing the excretory system injury should be covered by the heart trouble presumption and that prostate cancer should be found industrial. The Board affirmed that the heart presumption (correctly under section 3212.5 rather than 3212) does not extend to the kidney, but granted reconsideration on the prostate cancer issue. The Board found Dr. Padova's report and deposition insufficient to clearly rebut the presumption, particularly regarding why elevated PSA levels in 2005 and the latency analysis made industrial diesel exhaust exposure an unlikely cause. The Board deferred the prostate cancer issue and remanded for development of the record, including a supplemental report from Dr. Padova.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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