Julian Ajcalon — ADJ14962115

Applicant, a food service worker/cook, claimed a cumulative injury (June 1, 2017 to May 4, 2021) to the chest, respiratory system, left lung, and nervous system, ultimately diagnosed as lung cancer attributed to cooking oil fumes and solvent exposure. Applicant elected against State National, which settled via C&R, then sought contribution from United Wisconsin. The arbitrator granted the Petition for Contribution, held United 72% liable, and excluded United's privately-retained oncology consult (Dr. Drazin) reports and the supplemental PQME report (Dr. Hendel) that reviewed those reports. The WCAB granted reconsideration only to correct clerical errors, affirming the exclusion of Dr. Drazin's reports under sections 4060/4062.2/4061(i) and Batten, and holding that Dr. Hendel's supplemental report was tainted because it relied on inadmissible reports improperly submitted in violation of DWC Rule 35(e). The Board also found Dr. Zlotolow's reporting constituted substantial medical evidence of industrial causation independent of the excluded reports.