CompFox AI Summary
The Appeals Board denied the defendant's petition for reconsideration, upholding a prior award for applicant Kenneth Hazelbaker's industrial prostate cancer. The Board affirmed the finding that the cancer is presumed compensable under Labor Code section 3212.1, as medical evidence supported its development within the statutory period. The WCJ's reservation of jurisdiction was also upheld, as prostate cancer was correctly deemed an insidious and progressive disease. Finally, the Board confirmed the applicant's entitlement to permanent disability indemnity based on maximum earnings under Labor Code section 4458.5.
Full Decision Text1 Pages
The Appeals Board denied the defendant's petition for reconsideration, upholding a prior award for applicant Kenneth Hazelbaker's industrial prostate cancer. The Board affirmed the finding that the cancer is presumed compensable under Labor Code section 3212.1, as medical evidence supported its development within the statutory period. The WCJ's reservation of jurisdiction was also upheld, as prostate cancer was correctly deemed an insidious and progressive disease. Finally, the Board confirmed the applicant's entitlement to permanent disability indemnity based on maximum earnings under Labor Code section 4458.5.
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