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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ1402736
Regular
Jan 04, 2010

SANDY BASTIAN vs. COUNTY OF VENTURA

This case involves a firefighter diagnosed with breast cancer who claimed industrial injury under California Labor Code section 3212.1. The defendant employer argued the statutory presumption of industrial causation was rebutted by an Agreed Medical Examiner's opinion stating the cancer was non-industrial, citing a lack of studies linking female firefighter exposures to breast cancer. The Appeals Board affirmed the WCJ's decision, finding the applicant sufficiently demonstrated exposure to carcinogens and the defendant failed to meet its burden to prove the exposure was "not reasonably linked" to the cancer. The court clarified that the mere absence of specific epidemiological studies does not rebut the presumption under section 3212.1.

Labor Code section 3212.1firefightercancer presumptionindustrial injuryrebuttable presumptioncarcinogen exposureAgreed Medical Examiner (AME)non-industrial causationindustrial causationAppeals Board
References
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
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. SFO 0496923
Regular
Jan 15, 2008

ROBERT THOMPSON (Deceased) NATALIA THOMPSON (Widow) vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agency

This case concerns a California Highway Patrol officer who died from melanoma. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award of death benefits, and found the injury was not industrial. The Board concluded the applicant failed to demonstrate a reasonable link between his employment and the melanoma, citing non-industrial risk factors such as childhood sun exposure and family history.

Workers' Compensation Appeals BoardRobert ThompsonNatalia ThompsonCalifornia Highway PatrolLegally UninsuredState Compensation Insurance FundSFO 0496923Opinion and Order Granting ReconsiderationDecision After ReconsiderationFindings and Award
References
Case No. ADJ6822166
Regular
May 27, 2011

Jackie Thompson vs. Los Angeles Unified School District

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior finding that a school district police officer was entitled to a cancer presumption for his prostate cancer. The Board found that while the applicant was a peace officer, his authority was defined by Penal Code section 830.32, not section 830.1 as initially determined. Because Labor Code section 3212.1's cancer presumption specifically lists peace officers defined under certain Penal Code sections and does not include those under 830.32, the applicant is not entitled to the presumption.

Labor Code 3212.1Penal Code 830.32Peace OfficerSchool District Police OfficerCancer PresumptionIndustrial InjuryReconsiderationWCABLaw Enforcement ActivitiesWilliam Dallas Jones Cancer Presumption Act
References
Case No. ADJ9979717, ADJ9983551
Regular
Apr 15, 2020

James Wieboldt vs. County of San Diego

The Appeals Board rescinded two WCJ findings of industrial colon and vocal cord cancer, returning the cases for further proceedings. The Board found the medical opinions of Drs. Woolf and Berman lacked substantial evidence due to issues with causation, exposure details, and reliance on incorrect legal presumptions. While the applicant has the burden to prove industrial causation absent the cancer presumption, the Board determined the current medical record requires further development. The Board also noted discrepancies regarding the applicant's job titles and claimed periods of exposure that need clarification.

Workers Compensation Appeals BoardJames WieboldtCounty of San DiegoColon CancerVocal Cord CancerIndustrial InjuryMedical OpinionSubstantial EvidenceLabor Code Section 3212.1Cancer Presumption
References
Case No. ADJ11721215
Regular
Mar 20, 2023

GLEN HODGES vs. STATE OF CALIFORNIA

This case concerns a firefighter's claim for melanoma under Labor Code section 3212.1, which presumes cancer is industrially caused. While the applicant raised the presumption through evidence of carcinogen exposure, the Appeals Board overturned the initial finding of industrial injury due to melanoma. The Board found the presumption was rebutted by expert medical opinion concluding the applicant's melanoma was not reasonably linked to industrial sun exposure, citing significant childhood sun exposure, tanning bed use, family history, and minimal workplace sun exposure to the affected area. The Board therefore granted reconsideration and amended the decision to exclude melanoma as an industrial injury, though actinic keratosis was still found to be industrially caused.

Labor Code section 3212.1cancer presumptionrebutted presumptionqualified medical evaluatorindustrial injuryactinic keratosismelanomafirefightercarcinogenInternational Agency for Research on Cancer
References
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
Case No. ADJ17298965
Regular
Apr 28, 2025

SETH FRANKLIN vs. CITY OF REDLANDS, ADMINSURE

Applicant Seth Franklin, a police officer, sought reconsideration of a WCJ's decision that denied his claim for industrial injury in the form of melanoma. The WCJ initially found applicant was not entitled to the cancer presumption under Labor Code section 3212.1. The Appeals Board granted reconsideration, concluding that the WCJ erred. The Board determined that applicant, as a police officer, was exposed to solar radiation (a known carcinogen) and his melanoma developed or manifested during his employment, thus entitling him to the cancer presumption. The case has been returned to the trial level for further proceedings to determine if the presumption can be rebutted.

Labor Code section 3212.1cancer presumptionpolice officermelanomaindustrial injurycarcinogensolar ultraviolet radiationlatency periodrebuttal of presumptioncumulative trauma
References
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