Home/Case Law/MICHAEL TOBIN vs. CITY OF UKIAH, COUNTY OF MENDOCINO
Regular DecisionReconsideration

MICHAEL TOBIN vs. CITY OF UKIAH, COUNTY OF MENDOCINO

Filed: Sep 17, 2015
Santa Rosa
ADJ8593193

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's report and recommendation. The defendant failed to rebut the Labor Code Section 3212.1 presumption for the applicant's cancer by providing evidence that no reasonable link existed between his military carcinogen exposure and the disease. Furthermore, the Board found that new arguments regarding the date of injury and collateral estoppel were improperly raised for the first time in the petition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's report and recommendation. The defendant failed to rebut the Labor Code Section 3212.1 presumption for the applicant's cancer by providing evidence that no reasonable link existed between his military carcinogen exposure and the disease. Furthermore, the Board found that new arguments regarding the date of injury and collateral estoppel were improperly raised for the first time in the petition.

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