Home/Case Law/JESSE NICASIO vs. CITY OF MODESTO, Administered by YORK INSURACE SERVICES
Regular DecisionReconsideration

JESSE NICASIO vs. CITY OF MODESTO, Administered by YORK INSURACE SERVICES

Filed: Sep 30, 2014
Stockton
ADJ7941040

CompFox AI Summary

The applicant, a former fire chief, sustained industrial injuries to his heart and multiple myeloma. The Appeals Board affirmed the WCJ's finding that his heart trouble was industrially caused, based on the presumption under Labor Code section 3212 and the AME's opinion that it developed during employment. Regarding cancer, the Board found the applicant's multiple myeloma developed within the statutory timeframe, making it presumptively compensable under Labor Code section 3212.1, and the defendant failed to rebut this presumption. Therefore, the applicant is entitled to benefits for both conditions.

Full Decision Text1 Pages

The applicant, a former fire chief, sustained industrial injuries to his heart and multiple myeloma. The Appeals Board affirmed the WCJ's finding that his heart trouble was industrially caused, based on the presumption under Labor Code section 3212 and the AME's opinion that it developed during employment. Regarding cancer, the Board found the applicant's multiple myeloma developed within the statutory timeframe, making it presumptively compensable under Labor Code section 3212.1, and the defendant failed to rebut this presumption. Therefore, the applicant is entitled to benefits for both conditions.

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