Robin Smith, vs. City Of Sunnyvale, Permissibly Self-insured,

In this case, the City of Sunnyvale was self-insured and was being sued by Robin Smith, a former public safety officer and firefighter, for workers' compensation. Smith claimed that her breast cancer was caused by her exposure to carcinogens in the workplace. The Workers' Compensation Appeals Board reversed the decision of the workers' compensation administrative law judge, finding that there was a reasonable link between Smith's exposure to carcinogens and the development of her breast cancer. The Appeals Board concluded that the employer had not carried its burden of proof in showing that the workplace exposure to carcinogens was not reasonably linked to the development of Smith's breast cancer. The Appeals Board's decision was affirmed and the petition for reconsideration was denied.

City Of Sunnyvale, permissibly self-insured, Robin Smith, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBIN SMITH,Applicant,vs.CITY OF SUNNYVALE, permissibly self- insured,Defendant.Case No. ADJ9870999(San Jose District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the Appeals Board’s December 13, 2016 Opinion And Decision After Reconsideration (Decision). In the Decision, the Appeals Board panel reversed the September 21, 2016 Finding And Order qf the workers’ compensation administrative law judge (WCJ) who ordered that applicant take nothing on her claim based upon the finding that the Labor Code section 3212.1 presumption of industrial causation of cancer does not apply in this case because “[t]here is no reasonable link between the exposure to carcinogens in this case and the breast cancer which manifested itself on or about January 23, 2013,” notwithstanding applicant’s employment as a public safety officer and firefighter by defendant from June 21, 2001 and following.1            The Appeals Board concluded in the Decision that there is no dispute that applicant was exposed to carcinogens in the course of her employment by defendant as a firefighter and public safety officer, and that defendant did not carry its burden of proving that the workplace exposure to those carcinogens is 1 Further statutory citations are to the Labor Code. Section 3212.1 (d) provides in pertinent part for public safety officers and firefighters like applicant as follows: “The cancer so developing or manifesting itself in these cases shall be presumed to arise out of and in the course of the employment. This presumption is disputable and may be controverted by evidence that the primary site of the cancer has been established and that the carcinogen to which the member has demonstrated exposure is not reasonably linked to the disabling cancer. Unless so controverted, the appeals board is bound to find in accordanc

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