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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ4547482 (SFO 0498140)
Regular
Oct 06, 2009

DAVID EUERLE (Deceased) vs. CITY OF SANTA CLARA

The WCJ found that David Euerle sustained industrial injury/death due to cancer. Defendant sought reconsideration, arguing that applicant did not prove he was exposed to an IARC human carcinogen and did not prove that his injury and death were proximately caused by his employment. The petition for reconsideration was denied.

Labor Code section 3212.1cumulative traumaindustrial injurydeath benefitscancer presumptionIARC carcinogenbenzeneultraviolet lightmetastatic malignant melanomaprimary site of cancer
References
11
Case No. ADJ7318651
Regular
Jan 12, 2012

JERRY CHAVEZ, Jr. vs. CITY OF VERNON

This case concerns a police officer diagnosed with renal cell carcinoma who sought workers' compensation benefits under Labor Code section 3212.1's cancer presumption. The applicant presented evidence of industrial exposure to known carcinogens such as diesel exhaust and benzene. The defense failed to rebut the presumption by failing to present evidence that the primary cancer site was identified and that the identified carcinogen was not reasonably linked to the cancer. The Appeals Board affirmed the judge's findings, denying the defendant's petition for reconsideration.

Workers' Compensation Appeals BoardCity of VernonJerry Chavez Jr.Petition for ReconsiderationFindings and Ruling and Awardcancer presumptionLabor Code section 3212.1industrial exposurecarcinogenic substancesWCJ
References
7
Case No. ADJ7050870
Regular
Apr 04, 2018

Kevin Couch vs. COUNTY OF RIVERSIDE

This case involves a deputy sheriff diagnosed with chronic lymphocytic leukemia (CLL) who sought workers' compensation benefits. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and found the applicant's CLL to be industrially caused. The WCAB determined that the applicant was entitled to the presumption of compensability under Labor Code section 3212.1 due to his documented exposure to benzene, a known carcinogen in gasoline and diesel exhaust. The Board concluded that the defendant failed to rebut this presumption, despite evidence suggesting an alternative cause, because they did not demonstrate by substantial evidence that the carcinogen was not reasonably linked to the applicant's condition. Therefore, the WCAB rescinded the prior decision and issued a new finding of injury.

Labor Code section 3212.1presumption of compensabilitychronic lymphocytic leukemiadeputy sheriffbenzenegasoline exhaustdiesel exhaustcarcinogen exposurelatency periodAgreed Medical Examiner
References
2
Case No. ADJ9870999
Regular
Feb 13, 2017

ROBIN SMITH vs. CITY OF SUNNYVALE

This case involves a firefighter claiming breast cancer arose from employment exposure to carcinogens, triggering a statutory presumption of industrial causation under Labor Code section 3212.1. The employer sought to rebut this presumption by arguing a medical examiner found no studies linking applicant's specific exposures to breast cancer. However, the Appeals Board denied reconsideration, affirming that the employer failed to prove there is *no reasonable link* between workplace carcinogen exposure and the applicant's cancer, a higher bar than simply the absence of direct scientific studies. The Board reiterated that an employer must affirmatively demonstrate a lack of reasonable connection, not just highlight a lack of studies supporting causation.

Labor Code section 3212.1presumption of industrial causationpublic safety officerfirefightercarcinogen exposurebreast cancerdisputable presumptioncontroverted evidencereasonable linkburden of proof
References
3
Case No. SDO 244774
Significant
Dec 11, 2003

Walter Faust vs. City of San Diego

The Appeals Board held that under the amended Labor Code section 3212.1, a firefighter only needs to show exposure to a known carcinogen to establish a presumption of industrial cancer, shifting the burden to the defendant to prove no reasonable link.

Labor Code section 3212.1cumulative industrial injuryfirefightercancerpresumptionrebutting presumptionqualified medical evaluatorcarcinogencadmiumplating company fire
References
4
Case No. SDO 244774
En Banc
Dec 11, 2003

Walter Faust vs. City of San Diego

The Appeals Board, in an en banc decision, clarifies the burden of proof under Labor Code §3212.1 for cancer claims by firefighters, holding that once exposure to a carcinogen is shown, the burden shifts to the defendant to prove no reasonable link. The prior decision was rescinded and the case returned for re-evaluation under this standard.

Labor Code section 3212.1en bancreconsiderationcumulative industrial injurycancerfirefighterpresumptionrebutting presumptionqualified medical evaluator (QME)Prakash Jay
References
16
Case No. ADJ8593193
Regular
Sep 17, 2015

MICHAEL TOBIN vs. CITY OF UKIAH, COUNTY OF MENDOCINO

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.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 3212.1presumptionrebuttalcarcinogen exposurePersian Gulf WarVAMC Medical OpinionDepartment of Defense StudiesVA administrative findings
References
4
Case No. ADJ3126026 (LBO 0396291)
Regular
Apr 21, 2014

,\nPURITA PEREZ; RYAN PEREZ; CAMILL PEREZ, vs. ,\nOAK PRODUCTS; STATE COMPENSATION INSURANCE FUND,

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding industrial lung cancer causation for the decedent, Hernani Perez. While the WCAB agreed that the decedent was exposed to carcinogens that contributed to his death, it found a lack of substantial medical evidence establishing a causal link between the exposure during the defendant insurer's coverage period and the disease. The case is returned to the trial level for further proceedings to develop the record on injurious exposure and liability.

Workers' Compensation Appeals BoardHernani PerezPurita PerezRyan PerezCamill PerezOak ProductsState Compensation Insurance Fundindustrial injurylung cancerdate of concurrence of knowledge and disability
References
6
Case No. ADJ7949972
Regular
Nov 07, 2013

DANIEL BIGELOW vs. CITY OF PASO ROBLES

This Workers' Compensation Appeals Board decision reverses a prior ruling and finds applicant's colon cancer industrially caused. The employer failed to rebut the Labor Code section 3212.1 presumption of industrial causation for peace officers exposed to carcinogens. The Appeals Board determined the defendant's medical expert did not sufficiently prove the cancer was "not reasonably linked" to the applicant's workplace exposure. Therefore, the presumption stands, and the case is returned for further proceedings.

Labor Code section 3212.1cancer presumptionpeace officeractive law enforcementindustrial injurycolon cancercarcinogen exposurerebuttable presumptionprimary site of cancerlatency period
References
6
Case No. ADJ8150668
Regular
Aug 21, 2014

STEVEN JUDD vs. CITY OF DESERT HOT SPRINGS, CORVEL CORVEL CORPORATIONS

This case concerns Steven Judd's workers' compensation claim for kidney cancer. The Appeals Board affirmed the finding that Judd sustained an industrial injury as a peace officer, granting him the presumption of compensability under Labor Code section 3212.1. The Board found the cancer developed during his employment, satisfying the statute's requirements even though it manifested later. The defendant failed to rebut the presumption by proving no reasonable link between the carcinogens Judd was exposed to and his cancer.

Labor Code section 3212.1peace officerkidney cancercumulative traumapresumptioncarcinogenlatency periodmanifestationdevelopmentAgreed Medical Evaluator (AME)
References
13
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