Home/Case Law/JOAN FEDOR MISKIEWICZ vs. VENTURA ORTHOPEDICS MEDICAL CENTER, EMPLOYERS COMPENSATION INSURANCE COMPANY
Regular DecisionReconsideration

JOAN FEDOR MISKIEWICZ vs. VENTURA ORTHOPEDICS MEDICAL CENTER, EMPLOYERS COMPENSATION INSURANCE COMPANY

Filed: Oct 23, 2017
Van Nuys
ADJ8464782

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that the applicant sustained an industrial injury of chronic myelogenous leukemia (CML). The defendant argued the judge erred by not considering an internist's opinion on CML latency and by not allowing further expert development. However, the Board found these arguments premature, as the specific issue of the date of injury or liability period, which would implicate the defendant's coverage dates, had not yet been decided. Therefore, the defendant was not aggrieved by the judge's initial ruling on the existence of industrial injury.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the administrative law judge's finding that the applicant sustained an industrial injury of chronic myelogenous leukemia (CML). The defendant argued the judge erred by not considering an internist's opinion on CML latency and by not allowing further expert development. However, the Board found these arguments premature, as the specific issue of the date of injury or liability period, which would implicate the defendant's coverage dates, had not yet been decided. Therefore, the defendant was not aggrieved by the judge's initial ruling on the existence of industrial injury.

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JOAN FEDOR MISKIEWICZ vs. VENTURA ORTHOPEDICS MEDICAL CENTER, EMPLOYERS COMPENSATION INSURANCE COMPANY (2017) – Van Nuys | CompFox