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

Case No. ADJ6766227
Regular
Mar 25, 2013

DAVID CASE vs. CITY OF FRESNO

The Workers' Compensation Appeals Board denied the City of Fresno's petition for reconsideration. The Board affirmed the prior finding that the applicant sustained cumulative industrial injuries of throat/tongue and prostate cancer while employed as a police officer for the City of Fresno. Despite the prostate cancer manifesting after applicant's employment with the City ended, the Board found the City liable based on the long latency period of the cancer and the applicant's presumed exposure to carcinogens during his employment. The defendant failed to rebut the Labor Code section 3212.1 presumption of liability.

Workers' Compensation Appeals BoardDavid CaseCity of Fresnocumulative industrial injurythroat cancertongue cancerprostate cancerpolice officerLabor Code section 3212.1presumption of compensability
References
2
Case No. ADJ11415215
Regular
Oct 05, 2020

Kenneth Hazelbaker vs. California Highway Patrol, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the defendant's petition for reconsideration, upholding a prior award for applicant Kenneth Hazelbaker's industrial prostate cancer. The Board affirmed the finding that the cancer is presumed compensable under Labor Code section 3212.1, as medical evidence supported its development within the statutory period. The WCJ's reservation of jurisdiction was also upheld, as prostate cancer was correctly deemed an insidious and progressive disease. Finally, the Board confirmed the applicant's entitlement to permanent disability indemnity based on maximum earnings under Labor Code section 4458.5.

Workers' Compensation Appeals BoardCalifornia Highway PatrolState Compensation Insurance FundKenneth HazelbakerPetition for ReconsiderationFindings and Awardindustrial cumulative traumaprostate cancerLabor Code section 3212.1presumed compensable
References
2
Case No. ADJ9468922
Regular
Aug 11, 2025

THEODORE DAVIS vs. CITY OF MODESTO, ATHENS ADMINISTRATORS CONCORD

The applicant, Theodore Davis, a firefighter for 36 years, developed prostate cancer which was denied by the City of Modesto. The case revolves around the application of Labor Code section 3212.1, which establishes a rebuttable presumption of compensability for cancer in firefighters. The Workers' Compensation Judge found that the medical opinion of PQME Dr. Allems, which stated that prostate cancer was not industrially caused in firefighters, was based on an incorrect legal theory and contained inconsistencies. Consequently, this opinion was deemed not substantial evidence to rebut the statutory presumption, leading to the denial of the Petition for Reconsideration by the Appeals Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code Section 5909Electronic Adjudication Management System (EAMS)Industrial CausationAOE/COELabor Code Section 3600Cancer PresumptionLabor Code Section 3212.1Firefighter
References
9
Case No. ADJ8441431
Regular
Feb 14, 2020

MITCHELL LEMAY vs. CONTRA COSTA COUNTY; Permissibly SelfInsured; MARIN COMMUNITY COLLEGE DISTRICT; Permissibly Self-Insured; administered by KEENAN AND ASSOCIATES

The Workers' Compensation Appeals Board affirmed a previous decision regarding applicant Mitchell Lemay's claims for prostate cancer and heart trouble/hypertension, finding both employers jointly and severally liable. Reconsideration was granted primarily to address issues surrounding a hernia injury. The Board deferred the hernia injury claim, along with related medical treatment and permanent disability, due to insufficient evidence to determine if it was a separate injury or a consequence of medical treatment. The prior findings regarding the prostate cancer and heart trouble/hypertension, including no apportionment of permanent disability for these conditions, were upheld.

Workers' Compensation Appeals BoardContra Costa CountyMarin Community College DistrictDeputy SheriffChief of PoliceProstate CancerHeart TroubleHypertensionHerniaLabor Code section 3212.1
References
7
Case No. MISSING
Regular Panel Decision

Claim of Tucker v. City of Plattsburgh Fire Department

Justice Egan Jr. dissents from the majority's decision, arguing that the Workers' Compensation Board abused its discretion in characterizing the medical expert's proof as speculative. The dissent focuses on the expert opinion of Michael Lax, who found a probable causal connection between the claimant's occupation as a firefighter, his exposure to carcinogenic materials, and his diagnosed prostate cancer. Lax's opinion was based on the claimant's 24 years of exposure, absence of other prostate cancer risk factors, and epidemiological studies. The dissent emphasizes that medical opinions do not require absolute certainty, only a reasonable probability supported by a rational basis. The dissent notes that at various administrative stages, a causal relationship was found, highlighting the lack of unanimity in the final Board decision.

Prostate CancerFirefighterCausal ConnectionMedical Expert OpinionSpeculative ProofWorkers' Compensation LawOccupational ExposureCarcinogenic MaterialsDissenting OpinionBurden of Proof
References
3
Case No. 2025 NY Slip Op 03994 [242 AD3d 57]
Regular Panel Decision
Jul 02, 2025

Brennan v. MacDonald

Michael W. Brennan, a former Bay Constable, developed prostate cancer after exposure at the World Trade Center site following the September 11th attacks. He filed a medical malpractice lawsuit against his primary care physician, Glenn J. MacDonald, M.D., alleging a delay in diagnosis and treatment. Concurrently, Brennan filed a claim with the September 11th Victim Compensation Fund (VCF) for his World Trade Center-certified prostate cancer. MacDonald successfully moved to amend his answer to assert an affirmative defense that Brennan had waived his right to a civil action by filing with the VCF, leading to the dismissal of the complaint. The Appellate Division affirmed this decision, holding that the submission of a VCF claim constitutes a waiver of the right to pursue civil litigation for 9/11-related damages.

Medical MalpracticeSeptember 11th Victim Compensation Fund (VCF)Waiver of Civil ActionElection of RemediesAffirmative DefensesProstate Cancer DiagnosisWorld Trade Center ExposureAppellate ReviewDismissal of ComplaintTimeliness of Motion
References
24
Case No. ADJ3853266
Regular
Sep 12, 2008

Duncan Grant vs. Contra Costa Fire Protection District, Contra Costa County Risk Management

The WCAB granted reconsideration and rescinded the July 1, 2008 Findings and Award, returning the matter for further proceedings to determine if the applicant's prostate cancer developed or manifested within 60 months of his last day of work.

WCABContra Costa Fire Protection DistrictDuncan GrantADJ3853266OAK 0318197ReconsiderationGranting ReconsiderationDecision After Reconsiderationindustrial cumulative traumaprostate cancer
References
2
Case No. ADJ10258281
Regular
Dec 22, 2020

MARIA VASQUEZ, KAYLYN VASQUEZ vs. SUN HEALTHCARE GROUP DBA PARK WEST CARE & REHAB CENTER, NATIONAL UNION INSURANCE COMPANY

In this case, the WCAB granted reconsideration after the WCJ initially denied the applicants' claim that Hernan Vasquez's death from prostate cancer was work-related. Following a settlement conference, the parties agreed to a compromise and release for $30,000. The WCAB found the settlement adequate and in the applicants' best interest. Consequently, the WCAB rescinded the original Findings and Order and approved the Compromise and Release agreement.

Hernan VasquezMaria VasquezKaylyn VasquezSun Healthcare GroupPark West Care & Rehab CenterNational Union Insurance CompanyBroadspireProstate CancerIndustrial InjuryCompromise and Release
References
0
Case No. ADJ366995
Regular
Jan 31, 2011

MARVIN BRANSCOMB (Deceased), MABLE JEAN BRANSCOMB (Widow) vs. CITY OF COMPTON, COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the City of Compton's petition for a stay of a $\$250,000$ death benefit award. The award was for prostate cancer, determined to be work-related for a deceased deputy sheriff. The Board explained that it can effectively stay execution by withholding the certified copy of the award, which is its standard practice during pending appellate review. Therefore, a separate stay order is unnecessary.

Workers' Compensation Appeals BoardPetition for StayFindings and AwardDeath BenefitsPetition for Writ of ReviewReconsiderationCertified Copy of AwardWithholding Certified CopyStay of ExecutionLabor Code § 5808
References
2
Case No. SDO 0339286
Regular
Sep 26, 2007

MICHAEL L. MONREAL vs. CITY OF OCEANSIDE/OCEANSIDE FIRE DEPARTMENT

In this workers' compensation case, the Appeals Board affirmed the original award, ruling that the 2005 Permanent Disability Rating Schedule applies. The applicant's prostate cancer claim arose before January 1, 2005, and no exceptions to applying the newer schedule were met. Specifically, the defendant failed to introduce the treating physician's records into evidence, and even if they had, there was no indication those records established a permanent and stationary disability prior to the 2005 date.

Workers' Compensation Appeals BoardCity of OceansideFire EngineerProstate CancerIndustrial InjuryLabor Code section 3212.1Permanent Disability Rating Schedule (PDRS)Qualified Medical Evaluator (QME)Dr. Prakash JayDr. Daniel Bressler
References
3
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