CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that the Labor Code Section 3212.1 cancer presumption did not apply because the applicant's date of injury was beyond the statutory 105-month extension period following his termination of service. However, the Board found that the applicant's essential thrombocytosis, a bone marrow cancer, developed within the statutory period, even though it manifested later. The Board relied on the IME's opinion that bone marrow cancers generally have a 5-10 year latency period, supporting the applicant's claim that the condition developed during his service.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued that the Labor Code Section 3212.1 cancer presumption did not apply because the applicant's date of injury was beyond the statutory 105-month extension period following his termination of service. However, the Board found that the applicant's essential thrombocytosis, a bone marrow cancer, developed within the statutory period, even though it manifested later. The Board relied on the IME's opinion that bone marrow cancers generally have a 5-10 year latency period, supporting the applicant's claim that the condition developed during his service.
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