Premier Wall Construction; Self-Insurers Security Fund, Administered by Metro Risk Management Allan Andrews WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALLAN ANDREWS, Applicant,vs.PREMIER WALL CONSTRUCTION; SELF-INSURERS SECURITY FUND, Administered by METRO RISK MANAGEMENT, Defendants.Case No. ADJ1451525 (VNO 0539093)OPINION AND DECISION AFTER RECONSIDERATION On July 18, 2011, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration. Defendant, Premier Wall Construction, permissibly self-insured, filed a petition for reconsideration of the Findings and Award and Order, issued April 28, 2011, in which a workers’ compensation administrative law judge (WCJ) found applicant, Allan Andrews, sustained an industrial cumulative trauma injury to the lungs in the form of exposure to tuberculosis with a positive tuberculosis skin test, while employed as a foreman/drywall construction over the period October 17, 2005 to March 10, 2006. The WCJ found applicant had no temporary disability or permanent disability as a result of his positive skin test, but required further medical treatment in the form of annual chest x-rays to monitor applicant’s condition. The WCJ also found applicant did not sustain a compensable injury to his psyche. Defendant contests the WCJ’.s determination that applicant sustained an industrial cumulative trauma injury, contending there is no substantial medical evidence to support a finding of industrial causation. Defendant argues that there is no evidence that applicant was exposed to tuberculosis at his place of employment or that the positive tuberculosis skin test establishes an injury to applicant’s lungs. As of the date of his decision, applicant has not filed an answer to defendant’s petition. Following our review of the
Allan Andrews vs. Premier Wall Construction; Self-insurers Security Fund, Administered By Metro Risk Management
This case is about Allan Andrews, a foreman/drywall construction worker who was exposed to tuberculosis while on the job. He tested positive for tuberculosis and was provided medication to control it. The Workers' Compensation Appeals Board granted reconsideration to further study the legal and factual issues raised by the petition for reconsideration. After review, the Board returned the matter to the trial level for further proceedings to develop the medical record to clarify the nature of applicant's injury, if any, from his work exposure to tuberculosis.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ1451525
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