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Paul Weaver vs. City Of Stockton Permissibly Self-insured Administered By Corvel

CITY OF STOCKTON Permissibly Self-Insured Administered by CORVEL PAUL WEAVER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPAUL WEAVER, Applicant,vs.CITY OF STOCKTON, Permissibly Self-Insured, Administered by CORVEL, Defendants.Case No. ADJ6955681(Stockton District Office)OPINION AND DECISIONAFTERRECONSIDERATION            On December 16, 2013, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration o[ the September 30, 2013 Findings and A ward to further study the factual and legal issues. This is our Decision After Reconsideration.            In the September 30, 2013 Findings and Award, the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial injury during a cumulative trauma period ending January l, 2002 in the form of leukemia that caused 20% permanent partial disability. The WCJ also found that applicant is entitled to the presumption 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 a presumption that his cancer is industrial pursuant to Labor Code section 3212.1 because the 20 IO amendment to that section does not apply retroactively and applicant’s leukemia did not manifest within 60 months of his employment as a firefighter as required by Labor Code section 3212.1.            We have considered the Petition for Reconsideration and we have reviewed the record in this matter. We have received an Answer from applicant. The WCJ prepared a Report on Recommendation (Report), recommending that we grant reconsideration and consider the matter en banc. Given our disposition, we decline the WCJ’s suggestion regarding an en banc decision. ,             For the reasons stated below, we will affirm the September 30, 2013 Findings and Award.            Applicant was employed as a firefig


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