CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding that the applicant, a correctional officer, was not entitled to the industrial cancer presumption under Labor Code section 3212.1. The Board determined that correctional officers are not among the specifically enumerated "peace officers" eligible for this presumption. Furthermore, the applicant failed to meet the burden of proving his cancer was industrially caused, as the medical expert found insufficient occupational exposure to link it to his employment. Consequently, the applicant's claim for injury arising out of and in the course of employment was denied.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and reversed a prior award, finding that the applicant, a correctional officer, was not entitled to the industrial cancer presumption under Labor Code section 3212.1. The Board determined that correctional officers are not among the specifically enumerated "peace officers" eligible for this presumption. Furthermore, the applicant failed to meet the burden of proving his cancer was industrially caused, as the medical expert found insufficient occupational exposure to link it to his employment. Consequently, the applicant's claim for injury arising out of and in the course of employment was denied.
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