What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by Defendant from Findings and Award issued 12/5/2022, seeking review of compensability of injury; WCJ report adopted and reconsideration denied.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
AOE/COEApplicant prevailedlungs · body systems
The injury was found to be compensable as it arose out of and in the course of employment, with exposure to Legionella Pneumonia occurring during travel for employer business, and no evidence of exposure in the employee's personal life or local community risk.
From the decision · page 51. applicant, while employed during the period 7/17/2012 through 8/4/2012 in a capacity remaining in dispute in various locations beginning and ending in San Jose California by Hitachi Global Storage, insured for worker's compensation liability by Tokio Marine Insurance, sustained an injury arising out of and in the course of this employment to his lungs and body systems in the form of Legionella Pneumonia as described in the medical reports admitted into evidence herein.