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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Oct 25, 1985

Ham v. Rumsey Sheet Metal, Inc.

In September 1980, the claimant's decedent injured his right great toe at work. He sought medical attention in September 1981 for a persistent infection, which was later diagnosed as malignant melanoma. Despite the amputation of his toe, the carcinoma metastasized, leading to his death in May 1982. The Workers’ Compensation Board awarded death benefits, and the carrier appealed, citing lack of causal relationship and improper notice of injury. The court affirmed the Board's decision, finding substantial evidence to support the causal relationship and concluding that the employer had actual notice of the injury.

Workers' CompensationDeath BenefitsMalignant MelanomaTraumaCausal RelationshipNotice of InjuryMedical EvidencePreexisting ConditionAggravationAmputation
References
5
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
3
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 The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award of death benefits, and found the injury was not industrial.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
0
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
6
Case No. ADJ10685699
Regular
Jan 22, 2019

DAVID CISAR vs. ORANGE COUNTY FIRE AUTHORITY

This case involved a fire captain who claimed industrial injury for melanoma and lymphoma, with the latter being the focus of the appeal. While the applicant was presumed compensable for leukemia/lymphoma under Labor Code section 3212.1 due to benzene exposure, the defendant successfully rebutted this presumption. The rebuttal was based on an independent medical evaluator's opinion that the short period between negative diagnostic tests and the cancer's manifestation made an industrial link unreasonable. The Board adopted this reasoning, denying the petition for reconsideration.

Workers' Compensation Appeals BoardOrange County Fire AuthorityPermissibly Self-InsuredCorvel CorporationFire CaptainCumulative InjuryMelanomaLymphomaChronic Lymphocytic LeukemiaSmall Lymphocytic Lymphoma
References
2
Case No. MISSING
Regular Panel Decision
May 31, 1996

In re the Claim of Thousand

The Workers' Compensation Board denied the claimant's application for death benefits, ruling that the decedent's death from metastatic lung cancer was not causally related to a work-related right shoulder injury sustained on January 10, 1986. While the claimant's medical expert opined that the shoulder injury hastened the death, experts for the self-insured employer and an impartial expert concluded there was no causal relationship. Given the conflicting medical testimony and the Board's broad discretion, the court affirmed the Board's decision, finding it supported by substantial evidence.

Workers' CompensationCausationMedical TestimonyShoulder InjuryLung CancerDeath BenefitsAppellate ReviewSubstantial EvidenceConflicting EvidenceMedical Opinion
References
1
Case No. ADJ1357786 (RDG 0126731)
Regular
May 10, 2010

MARK JAMES vs. PACIFIC BELL TELEPHONE COMPANY; PERMISSIBLY SELF-INSURED ADMINISTERED BY SEDGWICK 14627 ONTARIO

The Workers' Compensation Appeals Board denied Pacific Bell's petition for reconsideration of an award to Mark James. The original award found James sustained a 100% permanent disability due to industrial melanoma, and Pacific Bell argued for apportionment to non-industrial causes. The Board affirmed the finding that the Agreed Medical Evaluator, Dr. Blau, was unable to determine the percentage of disability caused by non-industrial factors due to insufficient information. This inability to apportion, not a failure to consult, meant Pacific Bell failed to meet its burden of proof for apportionment.

Workers' Compensation Appeals BoardPacific Bell Telephone CompanyMark JamesMaintenance Splicing TechnicianMelanomaPermanent DisabilityApportionmentLabor Code Section 4663Agreed Medical Evaluator (AME)Dr. Robert Blau
References
4
Case No. MISSING
Regular Panel Decision

Claim of Denue v. Native Textiles

Claimant sustained a right shoulder injury while at work in July 1974. During a subsequent medical investigation for a suspected malignancy, his brachial artery was lacerated during an arteriogram, leading to a medical malpractice settlement of $6,000. The employer's insurance carrier moved to close the workers' compensation case, arguing that the malpractice action was causally related to the work injury and settled without their consent, which would bar compensation benefits under Workers' Compensation Law § 29. The Workers’ Compensation Board found the malpractice action to be independent of the work-related injury. The Appellate Division affirmed the Board's decision, allowing the compensation claim to proceed.

Medical Malpractice SettlementThird-Party Action LienCarrier Consent RequirementCausation of InjuryIndependent Medical EventBrachial Artery InjuryArteriogram ComplicationNerve Root CompressionWorkers' Compensation BenefitsAppellate Division Affirmation
References
3
Case No. ADJ9708192
Regular
Jul 05, 2018

BRIAN DANSKIN vs. COUNTY OF RIVERSIDE, PEMISSIDLY SELF-INSURED, CITY OF CYPRESS, PEMISSIDLY SELF-INSURED

This case involves Brian Danskin, who claimed industrial cumulative trauma in the form of skin cancer/melanoma sustained during his employment as a police officer and District Attorney's investigator. The defendant, County of Riverside, sought reconsideration of the WCJ's finding that Danskin was entitled to the Labor Code section 3212.1 cancer presumption for his investigator role. The defendant argued the investigator position didn't qualify for the presumption and that the injury predated his employment with the county. The Appeals Board denied reconsideration, adopting the WCJ's report, finding that Danskin's extensive law enforcement duties as an investigator were central to his role and qualified him for the cancer presumption under section 3212.1.

Workers' Compensation Appeals BoardBrian DanskinCounty of RiversideCity of CypressPetition for ReconsiderationFindings of FactWCJindustrial cumulative traumaskin cancermelanoma
References
1
Case No. MISSING
Regular Panel Decision

Claim of O'Malley v. Consolidated Edison Co.

The claimant, decedent’s widow, appealed a decision by the Workers’ Compensation Board that denied death benefits, ruling decedent’s death was not causally related to employment. Decedent, a mechanic for 25 years, died from metastatic lung and bone cancer after asbestos exposure. The Board and a WCLJ disregarded the claimant’s medical expert, Ira Gould, who testified that decedent’s mesothelioma was causally linked to his asbestos exposure. The appellate court found Gould’s opinion to be rationally based and uncontroverted by any contrary medical expert opinion in the record. Consequently, the court reversed the Board's decision and remitted the matter for further proceedings.

MesotheliomaAsbestos ExposureCausal RelationshipMedical Expert TestimonyReversalRemittiturWorkers' Compensation Death BenefitsOccupational DiseaseMetastatic Lung CancerPleural Effusion
References
5
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