Robert Goslin vs. State Of California Department Of Corrections/rehabilitation; Legally Uninsured, Adjusted By State Compensation Insurance Fund/state Contract Services

In this case, Robert Goslin, a correctional officer employed by the California Department of Corrections & Rehabilitation, sought workers' compensation benefits for a cancer diagnosis. The Workers' Compensation Appeals Board found that Goslin was not entitled to the cancer presumption of Labor Code section 3212.1, as correctional officers are not among the "peace officers" described in Penal Code sections 830.1, 830.2(a), and 830.37(a) and (b). Furthermore, the fact that Labor Code section 3212.1(a)(3) includes peace officers defined in Penal Code sections 830.1, 830.2(a), and 830.37(a) and (b), but

State Of California Department Of Corrections/Rehabilitation; Legally Uninsured, adjusted by State Compensation Insurance Fund/State Contract Services Robert Goslin WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT GOSLIN, Applicant,vs.STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS/REHABILITATION; Legally Uninsured, adjusted by STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Defendants.Case Nos. ADJ7197213OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award of July 12, 2011, in which theworkers’ compensation judge (WCJ) found that “based upon the language in Labor Code section 3212.1 and Penal Code section 830.2(d)(1)… applicant was a ‘peace officer’ so as to make the presumption found in Labor Code section 3212.1 applicable,” that applicant’s “claim is compensable AGE/COE” under Labor Code section 3212.1, and that applicant is entitled to temporary disability from February 1, 2010 to the present and continuing, as well as further medical treatment.            Defendant contends, in substance, that the WCJ erred in interpreting Penal Code section 830.2 and Labor Code section 3212.1 to find that applicant, a correctional officer, is entitled to the industrial cancer presumption of section 3212.1, that Dr. Luros, the Panel Qualified Medical Evaluator (PQME), did not find a nexus between applicant’s cancer and his job duties as a correctional officer, and that the WCJ failed to comply with Labor Code section 5313.            It appears that applicant did not file an answer.            The WCJ submitted a Report and Recommendation.            Labor Code section 3212.1 provides, in relevant part, as follows: “(b) The term ‘injury,’ as used in this division, includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of thle department or unit, if the member demon

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