Cano

Cano v. Workers' Compensation Appeals Board

Good Law
2000 Cal. App. LEXIS 439·2000 Daily Journal DAR 5915·81 Cal. App. 4th 225·96 Cal. Rptr. 2d 582·65 Cal. Comp. Cases 625
Court of Appeal of CaliforniaJune 5, 2000No. C032288California2,510 words

Opinion

Lead Opinion

Raye, J.

Petitioner Juan Cano, employed as a mechanic and truck driver by respondent Carrancho Farms, Inc., was assigned to dismantle a fiberglass tank. While Cano worked in the tank, a coworker’s welding torch caused an explosion, igniting a fireball inside the tank. Cano suffered severe bums to his face, arms, hands, stomach, back, buttocks, thighs and legs. A findings and award issued by respondent Workers’ Compensation Appeals Board (Board) found Cano suffered a permanent disability of 65 percent and was not entitled to further medical care. The Board also denied Cano’s motion for reconsideration. Cano filed a petition for review, arguing the Board erred - in failing to award him a precautionary award of continuing medical care. We issued a writ of review. We conclude the Board’s decision is not supported by the evidence and is contrary to law.

Factual and Procedural Background

On May 31, 1991, while employed by Carrancho Farms, Inc., Cano stood inside a tank he was repairing. A coworker’s welding torch ignited a fireball inside the tank, severely burning Cano. These injuries kept Cano hospitalized for 47 days. Cano suffered second- and third-degree bums requiring extensive…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.