Presumption of Cancer 3.5 Years Post-Employment: Cal. Comp. Cases September Advanced Postings (9/5/2013)

Presumption of Cancer 3.5 Years Post-Employment: Cal. Comp. Cases September Advanced Postings (9/5/2013)

The following are advanced postings for the September 2013 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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City of Fresno, PSI, c/o AARLA, Petitioner v. Workers' Compensation Appeals Board, David Case, Respondents, 2013 Cal. Wrk. Comp. LEXIS 129 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 129 (Lexis Advance)

Presumption of Industrial Causation—Cancer—Peace Officers—WCAB affirmed WCJ’s finding that City of Fresno was liable for prostate cancer suffered by applicant while employed as police officer, notwithstanding that cancer first manifested itself, requiring treatment and resulting in disability, approximately three and one-half years after applicant left his employment with City of Fresno and while applicant was working for County of Fresno, when...

Doug Lentz, Petitioner v. Workers' Compensation Appeals Board, Henry Mechanical, Lincoln General Insurance Company, administered by American Claims Management, Respondents, 2013 Cal. Wrk. Comp. LEXIS 131 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 131 (Lexis Advance)

Permanent Disability—Apportionment—WCAB awarded applicant senior service tech 69 percent permanent partial disability, after apportionment, for injury AOE/COE to neck, psyche, and colon/gastrointestinal system, based on...

Gerawan Farming, Inc., administered by Sedgwick Claims Management Services, Petitioner v. Workers' Compensation Appeals Board, Juan Mendez, Respondents, 2013 Cal. Wrk. Comp. LEXIS 130 (lexis.com), 2013 Cal. Wrk. Comp. LEXIS 130 (Lexis Advance)

Temporary Disability—Seasonal Employees—WCAB awarded applicant/seasonal farm laborer temporary disability benefits for stipulated period 11/22/2011 through 9/1/2012, when applicant sustained admitted injury to both knees on 6/23/2011 and was declared temporarily disabled by treating physician on 11/22/2011, and, although defendant terminated applicant’s employment on 10/24/2011 for allegedly providing “false information” to medical providers regarding prior back injury, WCAB found that... Temporary Disability—Credit for Payments by Employment Development Department—WCAB denied defendant’s request for credit or offset against temporary disability awarded to applicant/farm laborer with bilateral knee injury for benefits paid by Employment Development Department during some of same period of time, when WCAB found that...