WESTERN TILE & CARPET, INC.; TONY DELANZO dba T.D. TILE; GOLDEN EAGLE INSURANCE COMPANY, Administered by LIBERTY MUTUAL INSURANCE COMPANY DAVID GARCIA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID GARCIA, Applicant,vs.WESTERN TILE & CARPET, INC.; TONY DELANZO dba T.D. TILE; GOLDENEAGLE INSURANCE COMPANY, Administered by LIBERTYMUTUAL INSURANCE COMPANY, Defendants.Case No. ADJ3399165 (SDO 0332865)OPINION AND ORDERS DISMISSING PETITION FOR REMOVAL ANDDENYING PETITION FOR RECONSIDERATION Applicant seeks. reconsideration and removal of the Findings and Orders issued July 12, 2012, wherein the workers’ compensation administrative law judge (WCJ) found that applicant did not sustain a compensable industrial injury to his lungs, respiratory system, disseminated coccidioidomycosis, and meningitis while employed during the period from November 1, 1995 to December 8, 1998. The WCJ ordered that applicant “shall take nothing further by reason of his having filed his claim herein” and noted that applicant’s motion to exclude defendant’s medical reports Exhibits A through N, Z, and AA, was denied. In the Report and Recommendation on Petitions for Reconsideration and Removal (Report), the WCJ set forth the bases for the decision and specifically noted, based upon the demeanor of applicant, that the applicant was not entirely credible (Report, p. 10.) Applicant contends that the WCJ erred by finding that applicant’s coccidioidomycosis infection, also known as “Valley Fever”, was a non-industrial injury arguing: (1) that the WCJ’s decision was not based upon substantial medical evidence; (2) that substantial medical evidence supports a finding that applicant’s Valley Fever infection was an industrial injury; (3) that applicant was in good health prior to 1995 but began showing symptoms of Valley Fever in 1996 (Petition, p. 4 11. 7-28); (4) that the work , history of applicant establishes that applicant inhaled dust and dirt on the jo
DAVID GARCIA vs. WESTERN TILE & CARPET, INC.; TONY DELANZO Dba T.D. TILE; GOLDEN EAGLE INSURANCE COMPANY, Administered By LIBERTY MUTUAL INSURANCE COMPANY
This case involves an applicant, David Garcia, who is seeking reconsideration and removal of the Findings and Orders issued July 12, 2012, wherein the workers' compensation administrative law judge (WCJ) found that applicant did not sustain a compensable industrial injury to his lungs, respiratory system, disseminated coccidioidomycosis, and meningitis while employed during the period from November 1, 1995 to December 8, 1998. The WCJ ordered that applicant "shall take nothing further by reason of his having filed his claim herein" and noted that applicant's motion to exclude defendant's medical reports Exhibits A through N, Z, and AA, was denied. The WCJ's Report and Recommendation on Petitions for Rec
- Filed On:
- Court: California, San Diego
- Case No. ADJ3399165
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