City Of Fresno, Permissibly Self-Insured, c/o Aarla David Case WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID CASE, Applicant,vs.CITY OF FRESNO, Permissibly Self-Insured, c/o AARLA, Defendants.Case No. ADJ6766227 (Fresno District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant, City of Fresno, seeks reconsideration of the Findings of Fact and Award issued December 31, 2012, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained a cumulative industrial injury to his “throat/tongue (cancer)” while employed for defendant as a police officer during the period February 19, 41969 to October 1, 2005. The WCJ also found that applicant sustained a cumulative industrial injury to his “prostate (cancer)” during the same cumulative period. As a result of the industrial injuries, the WCJ awarded 23% permanent disability benefits and further medical treatment. In addition, the WCJ found that “Labor Code section 5802 does not apply, the presumptions in Labor Code section 3212.1 apply to applicant’s employment with the City and applicant dismissed a cancer claim against the County of Fresno, ADJ7609165, with date of injury October 19, 2005 to January 6, 2011.” Defendant contends that the WCJ erred by finding that defendant was liable for applicant’s prostate cancer injury arguing: (1) that applicant was aware of his prostate cancer injury on April 19, 2009 when he was treated and disabled by that injury and the period of employer liability would be one year prior to April 19, 2009 pursuant to Labor Code sections 5500.5 and 5412; and (2) that applicant was employed by the County of Fresno for approximately 3 1⁄2 years as a deputy sheriff at the time that the prostate cancer required treatment therefore the County of Fresno is liable for applicant’s prostate cancer , injury. Applicant filed an Answer. For the reasons set forth herein and in the WCJ’s Report and Recommend
