CITY OF DESERT HOT SPRINGS; CORVEL 8 CORVEL CORPORATIONS STEVEN JUDD WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTEVEN JUDD, Applicant,vs. CITY OF DESERT HOT SPRINGS; CORVEL 8 CORVEL CORPORATIONS, Defendants.Case No. ADJ8150668(Riverside District Office) OPINION AND DECISION AFTER RECONSIDERATION On May 6, 2014 the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the February 12, 2014 Findings and Award1 to further study the factual and legal issues. This is our Decision After Reconsideration. In the February 12, 2014 Findings and Award as amended by the February 24, 2014 Amended Findings and Award, the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury while employed as a peace officer during the cumulative trauma period from November 1997 through January 1999, and February 8, 2000 through November 2, 2004 in theform of kidney cancer that caused 14% permanent partial disability. The WCJ also found that applicant is entitled to the presumption that his cancer arose out of and occurred in the course of his employment pursuant to Labor Code section 3212.1. Defendant contends that the WCJ erred in finding that applicant sustained an industrial injury, arguing that applicant was not entitled to the presumption that his cancer is industrial pursuant to Labor Code section 3212.1 because applicant was last employed as a sworn peace officer on November 2, 2004 and his kidney cancer did not manifest until 2011, which was not within the timeframe required by LaborCode section 3212.1. Defendant further contends that applicant did not meet his burden of proving that 1 The WCJ issued an Amended Findings and Award on Februaiy 24, 2014 correcting a clerical eiror. We will deemdefendant’s petition to be a petition from the Amended Findings and Award. , the kidney cancer arose out of and in the course of his employment absent the Labor Code section 3212.1 p
