City Of Palo Alto, Permissibly Self-Insured; adjusted by York Risk Services Group, Inc. Adam Palsgrove WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAADAM PALSGROVE, Applicant,vs.CITY OF PALO AL TO, Permissibly Self-Insured; adjusted by YORK RISK SERVICES GROUP, INC., Defendants.Case No. ADJ9623149 (San Jose District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Adam Palsgrove, seeks reconsideration of the Findings and Order, issued April 12, 2018, in which a workers’ compensation administrative law judge (WCJ) issued a take nothing order, finding defendant City of Palo Alto successfully rebutted the Labor Code section 3212.1 presumption that applicant’s basal cell carcinoma arose out of and occurred in the course of his employment as a firefighter. Applicant contests the WCJ’s determination, contending that defendant failed to meet its burden of proof to rebut the Labor Code section 3212.1 presumption, arguing that the medical evidence establishes that applicant’s work exposure to known carcinogens while employed by the City of Palo Alto contributed to his cancer. Defendant has filed an Answer to applicant’s Petition for Reconsideration, and the WCJ has prepared a Report and Recommendation on Petition for Reconsideration, in which she recommends that reconsideration be denied. For the reasons set forth below, we will grant reconsideration to find applicant is entitled to the presumption of industrial causation of his cancer as provided in Labor Code section 3212.1, based upon the medical evidence in the record.I. Applicant claimed he sustained an injury arising out of and occurring in the course of his employment as a firefighter by the City of Palo Alto in the form of basal cell carcinoma, a form of skin , cancer. At trial on September 14, 2016, the following facts were submitted on applicant’s offer of proof. Applicant was hir
