CompFox AI Summary
Applicant Seth Franklin, a police officer, sought reconsideration of a WCJ's decision that denied his claim for industrial injury in the form of melanoma. The WCJ initially found applicant was not entitled to the cancer presumption under Labor Code section 3212.1. The Appeals Board granted reconsideration, concluding that the WCJ erred. The Board determined that applicant, as a police officer, was exposed to solar radiation (a known carcinogen) and his melanoma developed or manifested during his employment, thus entitling him to the cancer presumption. The case has been returned to the trial level for further proceedings to determine if the presumption can be rebutted.
Full Decision Text1 Pages
Applicant Seth Franklin, a police officer, sought reconsideration of a WCJ's decision that denied his claim for industrial injury in the form of melanoma. The WCJ initially found applicant was not entitled to the cancer presumption under Labor Code section 3212.1. The Appeals Board granted reconsideration, concluding that the WCJ erred. The Board determined that applicant, as a police officer, was exposed to solar radiation (a known carcinogen) and his melanoma developed or manifested during his employment, thus entitling him to the cancer presumption. The case has been returned to the trial level for further proceedings to determine if the presumption can be rebutted.
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