WCPanelIQ
PanelQMEMed-legalDenied

Eric Hoff — ADJ19338918

ERIC HOFF, Applicant vs. CEMEX; AIU INSURANCE COMPANY administered by GALLAGHER BASSETT, Defendants

ADJ number
ADJ19338918
Decision date
Aug 31, 2026
District office
Oxnard
WCJ
—
Claim administrator
Gallagher Bassett (administering AIU Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: respiratory system, lungs, psyche (claim dismissed)

LC §4060LC §4600LC §4660LC §4663LC §5705LC §5900LC §5903LC §5909LC §5952CCR §10109

Summary

Eric Hoff, a cement truck driver, sustained an accepted industrial injury to his respiratory system on 5/14/2024 after inhaling cement dust and chemical fumes. Based on the reporting and deposition testimony of PQME Dr. Andrew Greenberg (also referenced as Dr. McClintock-Greenberg), a board-certified pulmonologist, the WCJ found applicant 100% permanently totally disabled from end-stage lung disease due to pulmonary fibrosis, with no apportionment to non-industrial factors. Defendant petitioned for reconsideration arguing the PQME's reporting was not substantial medical evidence as to diagnosis, impairment rating, and apportionment, and requested further development through an AME. The Appeals Board adopted the WCJ's Report and denied reconsideration, finding Dr. Greenberg's opinion constituted substantial medical evidence supported by objective CPET data, medical record review, and the physician's clinical expertise. The Board also held its decision was timely under former Labor Code section 5909 as amended for the July 2024–June 2026 period.

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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