CompFox AI Summary
In this Workers' Compensation Appeals Board case, the applicant, a former firefighter, sought benefits for leukemia, claiming it was industrially caused. The defendant argued the applicant was not entitled to the presumption under Labor Code section 3212.1 due to the timing of the cancer's manifestation and the statute's amendment. The Board affirmed the original award, finding that one medical evaluator's opinion provided substantial evidence that the applicant's leukemia manifested within the original 60-month window following his service termination. Therefore, the Board did not need to decide the retroactivity of the later 120-month amendment.
Full Decision Text1 Pages
In this Workers' Compensation Appeals Board case, the applicant, a former firefighter, sought benefits for leukemia, claiming it was industrially caused. The defendant argued the applicant was not entitled to the presumption under Labor Code section 3212.1 due to the timing of the cancer's manifestation and the statute's amendment. The Board affirmed the original award, finding that one medical evaluator's opinion provided substantial evidence that the applicant's leukemia manifested within the original 60-month window following his service termination. Therefore, the Board did not need to decide the retroactivity of the later 120-month amendment.
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