Home/Case Law/DAVID GREGOR vs. CITY OF HAWTHORNE, Permissibly Self-Insured By ADMINSURE
Regular DecisionReconsideration

DAVID GREGOR vs. CITY OF HAWTHORNE, Permissibly Self-Insured By ADMINSURE

Filed: Feb 21, 2014
Van Nuys
ADJ7101808

CompFox AI Summary

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding a prior decision that disallowed the lien. The WCJ found the lien claimant failed to prove treatment was for an industrial injury and that the defendant successfully rebutted the statutory presumption of industrial causation for the applicant's cancer. The Board agreed that the lien claimant did not present substantial evidence of exposure to a known carcinogen, which is required to invoke the presumption. Therefore, the lien claimant failed to meet its burden of proof for industrial causation of the cancer.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding a prior decision that disallowed the lien. The WCJ found the lien claimant failed to prove treatment was for an industrial injury and that the defendant successfully rebutted the statutory presumption of industrial causation for the applicant's cancer. The Board agreed that the lien claimant did not present substantial evidence of exposure to a known carcinogen, which is required to invoke the presumption. Therefore, the lien claimant failed to meet its burden of proof for industrial causation of the cancer.

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