California Department Of Corrections And Rehabilitation; State Compensation Insurance Fund Paul Smith WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACase No. ADJ8031613(Stockton District Office)OPINION AND ORDERGRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATIONPAUL SMITH,Applicant,vs.CALIFORNIA DEPARTMENT OFCORRECTIONS AND REHABILITATION;STATE COMPENSATION INSURANCEFUND,Defendants. On December 30, 2009, applicant filed an Application for Adjudication of Claim, alleging that, while employed as a correctional officer from October 26, 2008 through October 26, 2009, he sustained cumulative industrial injury to his nervous and internal systems. This case, ADJ7075736, was resolved via a Compromise and Release approved on October 17, 2012. In the comment section of the Compromise and Release, the parties included the following: “This agreement is based on AME Dr. Kasman finding non-industrial injury pending further consult with immunologist per deposition of Dr. Kasman, parties wish to resolve dispute and avoid further litigation and expense.” On October 18, 2011, applicant filed another Application for Adjudication of Claim, alleging that, while employed as a correctional officer from October 27, 2008 through October 27, 2009, he sustained cumulative industrial injury to his nervous and internal systems. This case was assigned the number ADJS031613. On October 24, 2011, applicant filed a Petition for Finding Industrial Causation Pursuant to Government Code Section 21166 (21166 Petition). In his 21166 Petition, applicant quotes a medical report from Agreed Medical Evaluator (AME) Michael Kasman, M.D. on the issue of industrial causation: , [justify] “Based on Mr. Smith’s history to me today, although events occurred very close together,[/justify][justify] I have concluded that it is within reasonable medical probability that Mr. Smith’s[/justify][justify] Guillain-Barré syndrome was of industrial origin. There would
