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Michael Cahill vs. City Of Sonoma; Redwood Empire Municipal Sonoma

City Of Sonoma; Redwood Empire Municipal Sonoma Michael Cahill WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL CAHILL, Applicant,vs.CITY OF SONOMA; REDWOOD EMPIRE MUNICIPAL SONOMA, Defendants.Case No. ADJ4288859OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant, City of Sonoma, seeks reconsideration of the Findings and Award, issued June 9. 2010. in which a workers’ compensation administrative law judge (WCJ) found that as a result olhis admitted injury in the form of salivary gland cancer while employed as a firefighter by the City of Sonoma, applicant, Michael Cahill, is in need of further medical treatment. The WCJ determined applicant’s date of injury is July 25, 2007, that his claim is not barred by Labor Code section 5405 and defendant is not estopped from raising the statute of limitations defense.            Defendant contends the WCJ erred in concluding applicant’s claim is not barred under Labor Code section 5405, arguing that applicant failed to timely file a claim for his cancer despite his disability and knowledge of the industrial relationship after his cancer was diagnosed on March 16, 2006, as well as his knowledge that as a firefighter he was entitled to the presumption that his cancer would be covered under workers’ compensation. Applicant has filed an answer to defendant’s petition.            For the reasons set forth below, we will affirm the Findings and Award and deny defendant’s petition. ,             Applicant was employed as Fire Chief by the City of Sonoma until September 23, 2005, when he left to work for the City of Woodland. He had surgery on February 28. 2006, to remove a mass on the right side of his face. He missed approximately one week of work with the City of Woodland following the surgery. Though initial testing indicated the tumor was probably benign, the subsequent surgery revealed it to be cancerous. It was during a post-operative evaluation in March of 2006, that he first learned he h


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