IMC Chemical v. WCAB (Smith)
IMC Chemical, Inc. (IMC) petitions for a writ of review (Lab. Code,[1] 5950; Cal. Rules of Court, rule 8.494) contending the Workers Compensation Appeals Board (WCAB) violated its duty (a) to rely on medical evidence supported by substantial evidence, (b) to rely on expert testimony or opinion, and (c) to render an opinion based on substantial evidence and not speculation and surmise when it concluded respondent Steven L. Smiths alleged chemical-exposure injuries were industrially related. Although vigorously presented to this court as distinct issues, IMCs arguments simply assert substantial evidence which fails to support the WCABs finding that Smith sustained injuries arising out of and in the course of his employment with IMC. Court deny
the petition and remand the matter to the WCAB to award supplemental attorney fees.
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