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

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
Case No. ADJ9773810
Regular
Oct 25, 2017

Michele Ligouri vs. CITY OF CONCORD, YORK RISK SERVICES GROUP

This case involves a police officer's claim for workers' compensation benefits for breast cancer. The applicant was entitled to a legal presumption that her cancer was industrially caused. The defendant argued the presumption was rebutted because the latency period for her cancer exceeded her period of employment, based on a QME's opinion. However, the Appeals Board found the QME's opinion did not definitively rule out a shorter latency period for the applicant's aggressive cancer, thus failing to rebut the presumption. The Board granted reconsideration, amended the findings to include the presumption, and returned the case for further proceedings.

Labor Code section 3212.1presumptionindustrial cumulative trauma injurybreast cancerlatency periodQualified Medical Evaluator (QME)rebuttedmedical probabilityaggressive form of cancercarcinogens
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. ADJ10343521
Regular
Jan 03, 2019

JESUS LOPEZ vs. CITY OF COMPTON

This case involves a firefighter's claim for workers' compensation benefits for heart trouble. The applicant, Jesus Lopez, was found to have sustained 54% permanent disability due to an industrial injury to his heart on December 17, 2015. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision, relying on Labor Code section 3212, which presumes heart trouble in firefighters arises out of employment. The defendant, City of Compton, argued that the presumption was rebutted by evidence of non-industrial events and that the Qualified Medical Evaluator's opinion was not substantial medical evidence. However, the WCAB found that the defendant failed to provide substantial medical evidence to rebut the presumption, particularly in light of the anti-attribution clause in Labor Code section 3212.

Labor Code section 3212presumption of industrial causationheart troublefirefighter paramedicQualified Medical EvaluatorQMEsubstantial medical evidencedue processrebut the presumptionanti-attribution clause
References
Case No. ADJ9719037
Regular
Jun 13, 2019

WILLIAM MICHELS vs. UNIVERSITY OF CALIFORNIA SAN FRANCISCO

In this workers' compensation case, the defendant sought reconsideration of a finding that the applicant sustained a cumulative trauma injury. The defendant argued that a Qualified Medical Examiner's report, obtained after the 90-day statutory period, should be admissible to rebut the presumption of compensability. The Workers' Compensation Appeals Board denied the petition, adopting the judge's reasoning that the defendant failed to timely deny the claim, triggering the presumption. The Board found no admissible evidence presented to overcome this presumption within the required timeframe.

cumulative trauma injuryLabor Code section 5402presumption of compensabilitytimely denialQualified Medical ExaminerEli HendelM.D.90-day periodrebut presumptionPetition for Reconsideration
References
Case No. ADJ7494670
Regular
Jun 01, 2012

JOSEPH CURRAN, Deceased, JERI CURRAN, Spouse vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that the deceased firefighter, Joseph Curran, suffered a heart injury arising out of and in the course of employment. The Board affirmed that the Labor Code Section 3212 heart trouble presumption applied. The defendant failed to rebut this presumption by demonstrating that a contemporaneous non-work-related event was the *sole* cause of the heart trouble. Dr. Bellinger's testimony, while stating the presumption was necessary, did not affirmatively prove exclusive non-industrial causation.

Labor Code 3212heart trouble presumptionindustrial causationrebutted presumptionanti-attribution clausesole causenonwork-related eventcumulative injuryfirefighterdeath benefits
References
Case No. ADJ3321601
Regular
Oct 20, 2008

Sean Walker vs. Bridge Capital Lending Group, The Hartford Insurance Company

The Workers' Compensation Appeals Board denied reconsideration of a finding that the applicant did not sustain an industrial injury to his right knee or suffer sleep loss. While a presumption of compensability applied due to the employer's failure to reject the claim within 90 days, the applicant's testimony regarding the expectation of employment for an after-hours basketball game was found not credible. Therefore, the presumption was rebutted, and the applicant's claim was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderIndustrial InjuryRight KneeSleep LossLoan OfficerPresumption of CompensabilityLabor Code § 5402(b)Rebutted Presumption
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. 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
Case No. ADJ7908930, ADJ7908963
Regular
Mar 18, 2013

TATIANA GALLEGOS vs. THE SALVATION ARMY, Permissibly Self-Insured

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the judge's decision that she did not sustain cumulative or specific industrial injuries to her upper extremities, neck, spine, or internal systems. The Board found the employer's denial of the cumulative injury claim timely, thus precluding the presumption of compensability. While the specific injury claim was initially presumed compensable due to a late denial, the applicant's own medical evidence was found to have rebutted this presumption for all claimed body parts except the psyche. The issue of psychiatric injury remains deferred for further development of the record.

Labor Code section 5402(b)presumption of compensabilitycumulative injuryspecific injurypsychiatric injurytimely rejection of liabilityrebutting presumptionapplicant's medical evidencetreating physicianindependent medical evaluator
References
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