Brown, Kenneth

Virginia Brown filed a death claim on behalf of her deceased husband Kenneth Brown, alleging fatal lung/respiratory injury from asbestos and toxic exposure during his employment as an electrician/lineman from 1957-2001. QME Dr. Bressler, an internal medicine specialist, diagnosed metastatic adenocarcinoma and apportioned causation 50% to asbestos and 50% to smoking, while expressly noting that a post-mortem pathology report by Dr. Tarin would help substantiate or revise his opinions. The WCJ ruled that Dr. Tarin's report could not be sent to the QME based on AD Rule 35(e), WCAB Rule 10682(b), and Labor Code section 4605. On reconsideration, the WCAB rescinded the F&O, holding that Dr. Tarin's report is relevant medical evidence that must be provided to the QME under Labor Code section 4062.3(a)(2). The Board ordered that the report be sent to Dr. Bressler.