Home/Case Law/LUIS GONZALES vs. ROBERT HEELY CONSTRUCTION, TRAVELERS INSURANCE COMPANY
Regular DecisionRegular Panel Decision

LUIS GONZALES vs. ROBERT HEELY CONSTRUCTION, TRAVELERS INSURANCE COMPANY

Filed: Sep 23, 2014
Salinas
ADJ8211363

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award finding cumulative trauma injury to the applicant's lungs from Valley Fever. The WCJ reserved jurisdiction over final permanent disability, deeming the disease insidious and potentially reoccurring, despite the applicant's current stable condition. The Board affirmed the WCJ's decision, citing medical evidence of potential relapse and the precedent allowing jurisdiction reservation for insidious progressive diseases. A dissenting opinion argued the medical evidence did not support classifying Valley Fever as insidious and progressive in this case, and thus jurisdiction should not have been reserved beyond the statutory limit.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award finding cumulative trauma injury to the applicant's lungs from Valley Fever. The WCJ reserved jurisdiction over final permanent disability, deeming the disease insidious and potentially reoccurring, despite the applicant's current stable condition. The Board affirmed the WCJ's decision, citing medical evidence of potential relapse and the precedent allowing jurisdiction reservation for insidious progressive diseases. A dissenting opinion argued the medical evidence did not support classifying Valley Fever as insidious and progressive in this case, and thus jurisdiction should not have been reserved beyond the statutory limit.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.