What the panel ordered
The Petition for Reconsideration was denied by the WCAB panel, affirming the finding of industrial injury.
Defendant sought reconsideration of the WCJ's Findings and Award of April 24, 2023, which found industrial injury from breast cancer due to cumulative exposure during employment as a State Park Peace Officer.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found that despite the defendant's contention that the presumption of compensability under Labor Code Section 3212.1 did not apply, the applicant met her burden of proof linking breast cancer to industrial exposure based on Dr. Bellinger's testimony and reports, showing benzene exposure at work as the only known carcinogenic factor within the latency period.
From the decision · page 4Even without the presumption the applicant has met her burden of proof linking her breast cancer to industrial exposure. Dr. Bellinger testified in his deposition at p. 9 the latency period/or the applicant's cancer would be between 8 and 15 years. This is the same latency period discussed in Dr. Bellinger 's report of July 10, 2021 at p. 17. the applicant worked for the State from 2000 to 2018. Her cancer was diagnosed in January of 2018. This is well within the latency period described by Dr. Bellinger.