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Anderson v. Metalclad Insulation Corp.5/19/1999
plained, not only did Metalclad's evidence fail to support the inference that Anderson was even temporarily precluded from performing his regular occupation, it also included evidence that was either equivocal or supported contrary inferences. For example, in the application for adjudication, when specifically asked to list dates of periods of lost work time, instead of listing his last day of work, Anderson responded "unknown." Also, in an answer to an interrogatory Anderson stated that he "does not at this time believe he has lost any wages or earnings as a result of exposure to asbestos. . . ." Both of these responses are inconsistent with the inference that, as of the date of filing his workers' compensation claim, or his application to the WCAB for adjudication, Anderson was permanently precluded from performing his regular occupation.
We conclude that the court's order granting Metalclad's motion for summary judgment was erroneous. Although Metalclad offered evidence that, at least as of February or April 1995, Anderson knew he had been injured by exposure to asbestos, Metalclad failed to meet its additional burden to submit to the court evidence which, if undisputed, would support the inference that, as of that same date, or earlier, Anderson was permanently precluded from performing his regular occupation. The submission of evidence which is equivocal, or from which conflicting inferences may be drawn is insufficient to meet the movant's burden. (See, e.g., Brantley v. Pisaro (1996) 42 Cal.App.4th 1591, 1606.) The court therefore should have denied the motion, rather than shifting the burden to Anderson to present evidence that he was not disabled.
CONCLUSION
The judgment is reversed, and the case is remanded to the trial court for further proceedings. Costs are awarded to Anderson.
We concur: Strankman, P.J. Swager, J.
Trial Court: Superior Court San Francisco County
Trial Judge: Honorable David A. Garcia
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