Brian Silva vs. State Of California Highway Patrol; State Compensation Insurance Fund

is a case in which the Workers' Compensation Appeals Board (Appeals Board) granted reconsideration of the March 19, 2012 Findings and Order to further study the factual and legal issues regarding the claim of Brian Silva, a peace officer employed by the State of California Highway Patrol, who sustained an industrial injury to his neck, back, and in the form of cancer (schwannoma). The Appeals Board found that Silva's schwannoma is not an insidious and progressive disease, and rescinded the Findings and Order reserving jurisdiction for a final determination of permanent disability indemnity as it relates to schwannoma.

State Of California Highway Patrol; State Compensation Insurance Fund Brian Silva WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRIAN SILVA, Applicant,vs.STATE OF CALIFORNIA HIGHWAY PATROL;STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ6841420 (Sacramento District Office)OPINION AND DECISION AFTER RECONSIDERATION            On June 12, 2012, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the March 19, 2012 Findings and Order to further study the factual and legal issues. This is our Decision After Reconsideration.            In the March 19, 2012 Findings and Order, the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a peace officer through August 3, 2006, sustained an industrial injury to his neck, back, and in the form of cancer (schwannoma). The WCJ found that applicant’s schwannoma is a progressive, insidious disease and reserved jurisdiction for a final determination of permanent disability indemnity as it relates to schwannoma.            Defendant contends that the WCJ erred in finding that applicant’s schwannoma is a progressive, insidious disease, arguing that applicant’s schwannoma was identified and treated and, accordingly is neither insidious nor progressive.            We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have not received an Answer from applicant. The WCJ prepared a Report on Reconsideration (Report), recommending that we deny reconsideration.            For the reasons below, we will rescind the Findings and Order and find that applicant’s schwannoma is not an insidious and progressive disease.            In this case, the parties selected Dr. Nacouzi as the panel qualified medical evaluator (PQME) in , the field of internal medicine. Although Dr. Nacouzi found that applicant’s schwannoma “reached maximum medical improvement and can be considered permanent and stationary” (Exh. CC, M

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