Home/Case Law/Colin McKenzie vs. San Bernardino Sheriff's Department, County of San Bernardino, Permissibly Self-Insured, Administered by RISK MANAGEMENT
Regular DecisionReconsideration

Colin McKenzie vs. San Bernardino Sheriff's Department, County of San Bernardino, Permissibly Self-Insured, Administered by RISK MANAGEMENT

Filed: Mar 17, 2020
Santa Bernardino
ADJ11070005

CompFox AI Summary

Applicant Colin McKenzie sought reconsideration of a decision that rejected his workers' compensation claim for prostate cancer. The applicant argued the cancer presumption under Labor Code 3212.1 was improperly rebutted. The Agreed Medical Examiner, Dr. Stewart, concluded the presumption was rebutted, finding no reasonable link between the applicant's work exposures and his cancer based on extensive studies. The judge agreed with Dr. Stewart's analysis and recommended the Petition for Reconsideration be denied. However, the Workers' Compensation Appeals Board granted reconsideration to further study the factual and legal issues.

Full Decision Text1 Pages

Applicant Colin McKenzie sought reconsideration of a decision that rejected his workers' compensation claim for prostate cancer. The applicant argued the cancer presumption under Labor Code 3212.1 was improperly rebutted. The Agreed Medical Examiner, Dr. Stewart, concluded the presumption was rebutted, finding no reasonable link between the applicant's work exposures and his cancer based on extensive studies. The judge agreed with Dr. Stewart's analysis and recommended the Petition for Reconsideration be denied. However, the Workers' Compensation Appeals Board granted reconsideration to further study the factual and legal issues.

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Colin McKenzie vs. San Bernardino Sheriff's Department, County of San Bernardino, Permissibly Self-Insured, Administered by RISK MANAGEMENT ("202) – Santa Bernardino | CompFox