CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration of a decision denying a police officer's claim for prostate cancer. The applicant sought an adverse inference against the City of Stockton for failing to produce Hazard Awareness Recognition Program (HARP) forms allegedly detailing chemical exposures during methamphetamine lab investigations. The Board rescinded the prior decision, returning the case for further development of the record. This is to determine whether the City had a duty to retain and produce the HARP forms, and if the applicant exercised reasonable diligence in seeking them. The Board will then allow the WCJ to decide if an adverse inference is warranted and issue a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a decision denying a police officer's claim for prostate cancer. The applicant sought an adverse inference against the City of Stockton for failing to produce Hazard Awareness Recognition Program (HARP) forms allegedly detailing chemical exposures during methamphetamine lab investigations. The Board rescinded the prior decision, returning the case for further development of the record. This is to determine whether the City had a duty to retain and produce the HARP forms, and if the applicant exercised reasonable diligence in seeking them. The Board will then allow the WCJ to decide if an adverse inference is warranted and issue a new decision.
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