Home/Case Law/DANIEL CHESNUT vs. MANTECA POLICE DEPARTMENT, MUNICIPAL POOLING WALNUT CREEK
Regular DecisionReconsideration

DANIEL CHESNUT vs. MANTECA POLICE DEPARTMENT, MUNICIPAL POOLING WALNUT CREEK

Filed: Nov 02, 2011
San Francisco
ADJ6990407

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant, a police officer, sought to establish that his testicular cancer was presumptively industrial under Labor Code section 3212.1. However, the Agreed Medical Evaluator concluded that the cancer's manifestation fell outside the established ten-year minimum latency period for solid tumors, thus rebutting the statutory presumption. The Board found this conclusion to be substantial evidence, particularly as the applicant's cancer was not characterized by extreme aggressiveness or massive exposure doses that might shorten latency.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant, a police officer, sought to establish that his testicular cancer was presumptively industrial under Labor Code section 3212.1. However, the Agreed Medical Evaluator concluded that the cancer's manifestation fell outside the established ten-year minimum latency period for solid tumors, thus rebutting the statutory presumption. The Board found this conclusion to be substantial evidence, particularly as the applicant's cancer was not characterized by extreme aggressiveness or massive exposure doses that might shorten latency.

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DANIEL CHESNUT vs. MANTECA POLICE DEPARTMENT, MUNICIPAL POOLING WALNUT CREEK (2011) – San Francisco | CompFox