State Of California, California Highway Patrol, Legally Uninsured; State Compensation Insurance Fund, Adjusting Agency Robert Thompson (Deceased), Natalia Thompson (Widow) WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT THOMPSON (Deceased) NATALIA THOMPSON (Widow), Applicant,vs. STATE OF CALIFORNIA, CALIFORNIA HIGHWAY PATROL, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, Adjusting Agency, Defendants.Case No. SFO 0496923OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the October 23, 2007 Findings and Award wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a California Highway Patrol (CHP) officer, sustained industrial injury consisting of cancer – melanoma, resulting in his death. The WCJ awarded a death benefit to applicant’s partially dependent spouse (claimant) in the sum of $125,000.00. Applicant alleged that cumulative exposure to carcinogens (i.e., the sun) for the period through February 16,2005, caused his cancer. Defendant contends the WCJ erred in finding injury arising out of and in the course of the 20 employment (AOE/COE), arguing that the WCJ should not have found that applicant’s exposure to solar radiation required application of the Labor Code section 3212.11 presumption because the medical evidence established the absence of a reasonable link between the melanoma and the applicant’s alleged industrial exposure to the sun. We have considered the petition for reconsideration and we have reviewed the record in this matter. An answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. [h3]1 [size=1]Unless otherwise stated. all further statutory references are to the Labor Code.[/size][/h3] , For the reasons discussed below, we will grant reconsideration, rescind
