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

Case No. ADJ9509417
Regular
Apr 05, 2023

ELIZABETH ARBOGAST vs. CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an award for further medical treatment and attorney fees for an applicant diagnosed with ovarian cancer, hernia, peripheral neuropathy, and colon issues sustained during her employment with the California Highway Patrol. The Board found the applicant's ovarian cancer to be an insidious and progressive disease, warranting a reservation of jurisdiction over permanent disability. This reservation allows for future determination of permanent disability if the condition worsens or recurs.

Workers' Compensation Appeals BoardCalifornia Highway Patrolmedically uninsuredState Compensation Insurance FundAdjudication NumberOpinion and Decision After ReconsiderationFindings and Awardworker's compensation administrative law judgeovarian cancerhernia
References
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
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
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
Case No. ADJ11070005
Regular
Mar 17, 2020

Colin McKenzie vs. San Bernardino Sheriff's Department, County of San Bernardino, Permissibly Self-Insured, Administered by RISK MANAGEMENT

Applicant Colin McKenzie sought reconsideration of a decision that rejected his workers' compensation claim for prostate cancer. The applicant argued the cancer presumption under Labor Code 3212.1 was improperly rebutted. The Agreed Medical Examiner, Dr. Stewart, concluded the presumption was rebutted, finding no reasonable link between the applicant's work exposures and his cancer based on extensive studies. The judge agreed with Dr. Stewart's analysis and recommended the Petition for Reconsideration be denied. However, the Workers' Compensation Appeals Board granted reconsideration to further study the factual and legal issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationCancer PresumptionLabor Code 3212.1Agreed Medical ExaminerDr. Gary StewartSubstantial Medical EvidenceCity of Long Beach v. WCAB (Garcia)Diesel FumesProstate Cancer
References
Case No. ADJ9550938
Regular
Nov 16, 2016

RUSS RUSSELL vs. STATE OF CALIFORNIA, DEPT OF FORESTRY REGION IV, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

This case involves a firefighter's claim for prostate cancer benefits, with the primary dispute concerning his employment dates. The defendant sought reconsideration to challenge a stipulation on employment dates, arguing it was necessary for calculating a presumption. The Appeals Board denied reconsideration, upholding the stipulation and the judge's finding that the defendant failed to demonstrate good cause to be relieved of it. The court also found the applicant's claim timely filed under the applicable statute, and the medical evidence sufficient to establish industrial causation.

Petition for ReconsiderationStipulationDate of InjuryCancer PresumptionLabor Code Section 3212.1FirefighterProstate CancerAgreed Medical EvaluatorReasonable Medical ProbabilityCarcinogens
References
Case No. ADJ237189 (RIV 0058701)
Regular
May 22, 2009

DONALD K. SMITH vs. CITY OF SANTA ANA

This case concerns an applicant's attorney's petition for reconsideration regarding appellate costs and attorney's fees. The Workers' Compensation Appeals Board affirmed its prior decision, which had affirmed the finding of industrial injury to the heart and prostate but barred the skin cancer claim due to the statute of limitations. The Board ordered the applicant's attorney to reimburse the applicant $390 improperly solicited and received, while ordering the defendant to pay appellate costs of $382.79 upon confirmation of the reimbursement. The Board declined to increase the attorney's fee, finding it already exceeded typical ranges and that the attorney had not demonstrated entitlement to more.

Workers' Compensation Appeals BoardReconsiderationRemittiturStatute of LimitationsSkin CancerHeart InjuryProstate CancerPermanent DisabilityAttorney's FeeAppellate Costs
References
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
Case No. TI11710087
Regular
Nov 20, 2018

Theodore Davis vs. CITY OF MODESTO, YORK INSURANCE SERVICES, GROUP, INC.

This case involves applicant Theodore Davis's prostate cancer claim against the City of Modesto. The core dispute centers on the admissibility and review of a medical report by Dr. Besses. The Appeals Board initially denied review of Dr. Besses' report but, following a court of appeal remittitur, is now granting removal. The matter is returned to the trial level for the WCJ to re-evaluate the admissibility of Dr. Besses' report under Labor Code section 4605 and related rules, and whether it can be provided to the QME. This decision clarifies that while QME evaluations are required for compensability disputes, privately obtained medical reports may still be admissible.

RemittiturPetition for RemovalPetition for ReconsiderationQualified Medical EvaluatorLabor Code Section 4060Labor Code Section 4605Admissibility of Medical ReportsEx Parte CommunicationCumulative TraumaSpecific Injury
References
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
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