Vela

Vela v. Workmen's Compensation Appeals Board

Good Law
1971 Cal. App. LEXIS 1709·22 Cal. App. 3d 513·99 Cal. Rptr. 387·36 Cal. Comp. Cases 807
Court of Appeal of CaliforniaDecember 29, 1971Civ. No. 28181California2,720 words

Opinion

Lead Opinion

Molinari, J.

*516 Opinion

In this proceeding a writ of review has been issued for the purpose of reviewing the appeals board’s decision that petitioner’s admittedly industrially caused asbestosis caused no temporary disability, and for the purpose of determining whether the provision in said decision that petitioner is entitled to medical treatment for the asbestosis requires that his employer pay for the medical treatment for petitioner’s nonindustrial rheumatoid arthritis on the basis that the asbestosis has made it more difficult to treat the arthritis.

Petitioner filed an application for adjudication of his' claim alleging that he had suffered a cumulative industrial injury to his lungs while employed as a machine tender (asbestos shingle machine) by the JohnsManville Products Corporation for a period of 33 years from 1935 to August 12, 1968. The injury was shown to be asbestosis, a species of the genus pneumoconiosis, which is a chronic disease of the lungs caused by the inhalation of large quantities of dust. The referee, in findings adopted by the appeals board (hereinafter “the Board”), found that petitioner contracted asbestosis as a result of having inhaled asbestos dust during the…

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