Deangelo Ellington ; Kristal Avila Ellington; James Ellington; Izabella Ellington — ADJ11687715

Deangelo Ellington, a Sanitation Worker II for the City of Sacramento from 1996 to 2018, died of lung cancer allegedly caused by workplace diesel exhaust exposure. The WCJ found the injury and death arose out of and in the course of employment, awarding the stipulated maximum death benefit of $275,000 to a wholly dependent minor and two partial dependents. Defendant sought reconsideration arguing PQME Dr. Stewart Lonky's causation opinion did not constitute substantial medical evidence and that applicants failed to meet their burden, emphasizing the decedent's long smoking history and the latency period for diesel-induced cancer. The Board denied reconsideration, finding Dr. Lonky's opinion—that diesel exhaust acted as a co-carcinogen contributing at least 1 percent to the cancer—constituted substantial evidence. Relying on McAllister and South Coast Framing, the Board held that even a miniscule industrial contributing cause suffices, and scientific certainty is not required.