Case No. ADJ402198 (RDG 0130045)RegularDec 27, 2011
GARY SCHOLAR vs. CITY OF CHICO, Permissibly Self-Insured
This case involves a firefighter's workers' compensation claim for squamous cell carcinoma. The key issue is whether the claim is barred by the statute of limitations. The majority affirmed the WCJ's finding that the applicant did not know, nor should have known, his disability was work-related until 2008 due to equivocal medical diagnoses. However, a dissenting opinion argues that by late 2004, the applicant was clearly diagnosed with cancer and understood the statutory presumption that firefighter cancers are work-related, thus making the claim untimely.
ADJ402198Squamous cell carcinomaStatute of limitationsOccupational diseaseDate of injuryReasonable diligenceFire DepartmentOtolaryngologistBiopsyRadiation oncologist
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