CompFox AI Summary
This case involves a widow's claim for workers' compensation benefits for her deceased husband's stomach cancer, alleging it was an industrial injury. The applicant contended her husband, a firefighter for a DoD installation, was entitled to a presumption of industrial injury under Labor Code section 3212.1. However, the Appeals Board affirmed the WCJ's decision, finding the cancer was not industrial because the relevant statute amendment, which would have included DoD firefighters, was not retroactive. Therefore, the presumption of industrial injury did not apply to the decedent's cancer manifestation.
Full Decision Text1 Pages
This case involves a widow's claim for workers' compensation benefits for her deceased husband's stomach cancer, alleging it was an industrial injury. The applicant contended her husband, a firefighter for a DoD installation, was entitled to a presumption of industrial injury under Labor Code section 3212.1. However, the Appeals Board affirmed the WCJ's decision, finding the cancer was not industrial because the relevant statute amendment, which would have included DoD firefighters, was not retroactive. Therefore, the presumption of industrial injury did not apply to the decedent's cancer manifestation.
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