What the panel ordered
WCAB affirms April 20, 2020 Joint Findings and Order except amends to find injury AOE/COE to lungs in form of cancer, correct date of injury June 11, 2018, industrial causation established, presumption not rebutted; defers other issues and returns matter to WCJ for further proceedings
Petition for Reconsideration granted to further study factual and legal issues; WCJ's Joint Findings and Order of April 20, 2020, reviewed and partially amended by WCAB panel decision after reconsideration
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found substantial medical evidence from QME Dr. Jonathan the applicant that the lung cancer developed during the period covered by the Labor Code section 3212.1 presumption and that the defendant did not rebut this presumption.
From the decision · page 2We have considered the allegations in the Petition and the Answer, and the contents of the Report. Based on our review of the record, and for the reasons discussed below, we will affirm the F&O except that we will amend the F&O to find that the applicant sustained injury arising out of and occurring in the course of employment to his lungs in the form of cancer, and resulting in his death on September 13, 2019 (Finding of Fact 1); that pursuant to Labor Code section 5412, the correct date of injury, in case number ADJ12638806, is June 11, 2018 (Finding of Fact 6); that applicant met the burden of proof to establish industrial causation of the lung cancer in case number ADJ12014246 (Finding of Fact 7); and that defendant did not rebut the Labor Code section 3212.1 presumption of injury in case number ADJ12638806 (Finding of Fact 8). Based thereon, we will amend the Order to defer all other issues raised by the parties at the March 2, 2020 trial, and we will return the matter to the WCJ for further proceedings consistent with this opinion.