Kyles

Kyles v. Workers' Compensation Appeals Board

Good Law
195 Cal. App. 3d 614·1987 Cal. App. LEXIS 2218·240 Cal. Rptr. 886·52 Cal. Comp. Cases 479
Court of Appeal of CaliforniaOctober 19, 1987A037375California2,748 words

Opinion

Opinion

Channell, J.

This matter has been transferred to this court by the Supreme Court, with directions to issue a writ of review. We have complied with the directive, and we now remand the matter to the Workers’ Compensation Appeals Board (hereafter Board).

Petitioner Donald G. Kyles, Sr., a 43-year-old electrical transit mechanic employed by respondent City and County of San Francisco (hereafter City) for 23 years, claimed injury to his skin, gastrointestinal tract and other organs from cumulative exposure to polychlorinated biphenyls (PCB’s) in the course of his employment. In denying benefits, the workers’ compensation judge reasoned that because petitioner had shown neither disability nor the need for medical treatment, the PCB exposure had not caused a compensable industrial injury. In denying reconsideration, the Board adopted the judge’s report. We have concluded that the medical report upon which the Board relied does not constitute substantial evidence in support of the Board’s decision.

Petitioner testified without contradiction that he had been exposed to PCB oils almost daily during a period from 1974 to 1983 when his duties as an emergency repairman required him to change…

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