Home/Case Law/DAVID D. MELBY vs. CITY OF STOCKTON FIRE DEPARTMENT, Permissibly Self Insured, adjusted by BRAGG AND ASSOCIATES
Regular DecisionReconsideration

DAVID D. MELBY vs. CITY OF STOCKTON FIRE DEPARTMENT, Permissibly Self Insured, adjusted by BRAGG AND ASSOCIATES

Filed: Dec 15, 2008
ADJ3892845 (STK 0139530)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to revisit the applicant's claims for spinal, knee, cardiovascular, and hearing injuries, and specifically his prostate cancer claim. The Board found that the applicant established a prima facie case for a presumptively industrially caused cancer under Labor Code section 3212.1, and the defendant failed to sufficiently rebut this presumption. Therefore, the case is returned to the trial level for further proceedings and a new decision by the WCJ.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to revisit the applicant's claims for spinal, knee, cardiovascular, and hearing injuries, and specifically his prostate cancer claim. The Board found that the applicant established a prima facie case for a presumptively industrially caused cancer under Labor Code section 3212.1, and the defendant failed to sufficiently rebut this presumption. Therefore, the case is returned to the trial level for further proceedings and a new decision by the WCJ.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.