What the panel ordered
Order Denying Request for a Jackson Reservation affirmed
Petition for Reconsideration granted to study factual and legal issues; decision after reconsideration issued affirming prior order denying Jackson reservation
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.
Applicant's coronary artery disease is not a progressive insidious disease; the AME opined the condition is stable and permanent and stationary, insufficient to reserve jurisdiction under Jackson.
From the decision · page 6Based on the facts presented here, applicant's coronary artery disease is not a progressive insidious disease. Applicant's disease is not progressively worsening. To the contrary, the AME opines that applicant's disease has stabilized and applicant is permanent and stationary. It is not enough to show that a disease process may worsen at some point in the future. That is true of every disease or condition. Instead, applicant must show to a reasonable degree of medical probability that the disease is actually getting worse.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant's coronary artery disease is stable and permanent and stationary according to AME Edward O'Neill's opinion.
Favours Defendant prevailed
This fact shows the disease is not progressively worsening, which is required to reserve jurisdiction under Jackson.
From the decision · page 6Based on the facts presented here, applicant's coronary artery disease is not a progressive insidious disease. Applicant's disease is not progressively worsening. To the contrary, the AME opines that applicant's disease has stabilized and applicant is permanent and stationary. It is not enough to show that a disease process may worsen at some point in the future. That is true of every disease or condition. Instead, applicant must show to a reasonable degree of medical probability that the disease is actually getting worse.
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Applicant's coronary artery disease is stable and permanent and stationary; no progressive worsening shown to a reasonable degree of medical probability.
The AME reviewed treatment records and contemporary testing, concluding the condition is stable and permanent and stationary, not progressively worsening.
From the decision · page 6Based on the facts presented here, applicant's coronary artery disease is not a progressive insidious disease. Applicant's disease is not progressively worsening. To the contrary, the AME opines that applicant's disease has stabilized and applicant is permanent and stationary. It is not enough to show that a disease process may worsen at some point in the future. That is true of every disease or condition. Instead, applicant must show to a reasonable degree of medical probability that the disease is actually getting worse.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Jackson (1986) 42 Cal.3d 331
Reservation of jurisdiction under Jackson applies only to insidious progressive diseases that worsen over time and are not permanent and stationary.
The Board applied Jackson to determine that applicant's coronary artery disease is not an insidious progressive disease warranting reservation of jurisdiction.
From the decision · page 4A progressive insidious disease is a disease "(1) that it is caused by a `remote' and `undramatic' work exposure - one that is likely to be undetected at the time, or if detected, the significance is likely to be unappreciated, (2) that the disease worsens over time, but at a rate so gradual that it is well established before becoming apparent and, (3) that it has a "long latency period" between exposure to the risk and the onset of symptomatology." (Ruffin v. Olson Glass Co. (1987) 52 Cal.Comp.Cases 335, 341-342 (Appeals Board en banc); In Jackson, supra, the Supreme Court addressed the issue of when jurisdiction over permanent disability may be reserved in the case of an insidious and progressive disease. The applicant in Jackson was exposed to asbestos while working as a molder for the period from 1952 to 1981, which exposure caused the development of asbestosis. The Supreme Court noted that the Labor Code does not define the term permanent disability, although Rule 9735 (Cal. Code Regs, tit.
What proof carried it
The evidence the panel weighed, by kind.
AME's opinion that applicant's condition is stable and permanent and stationary
From the decision · page 6Based on the facts presented here, applicant's coronary artery disease is not a progressive insidious disease. Applicant's disease is not progressively worsening. To the contrary, the AME opines that applicant's disease has stabilized and applicant is permanent and stationary. It is not enough to show that a disease process may worsen at some point in the future. That is true of every disease or condition. Instead, applicant must show to a reasonable degree of medical probability that the disease is actually getting worse.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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