Industrial Indemnity Co. v. Workers' Compensation Appeals Board

Petitioner Industrial Indemnity Company seeks review of a finding by the workers’ compensation judge (WCJ) that it is premature to determine liability pursuant to Labor Code section 5500.5. As we shall explain, petitioner is entitled to relief because it was entitled to a present determination of liability by the WCJ.

Facts

Applicant and respondent Vincent James Pisciotta filed an application for workers’ compensation benefits alleging an industrial injury to his lungs and pulmonary system from asbestos exposure while employed by National Steel & Shipbuilding Co., Inc. (National) from 1958 to 1980. Industrial Indemnity insured National from 1960 to October 1, 1966, and National was self-insured thereafter.

The applicant testified that he was a waysman-leadman for National during the entire period of employment. During the first twenty years of his employment he worked on repairs; during the last three and one-half to four years he worked on new construction.

While working on repairs, he was exposed to asbestos from ripping out asbestos insulated pipes and valves. The asbestos would be cut loose with sharp knives, then gathered and removed. The applicant worked without…