ADJ12139544 — California WCAB decision

What the panel ordered

Petition for Reconsideration is DENIED.

Defendant County of Ventura filed a timely, verified petition for reconsideration of the February 1, 2022 Findings of Fact.

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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.

Death benefitsApplicant prevailedlung

The QME Dr. Leoni's deposition testimony established that the presumed industrial lung cancer played at least a minor contributing role in the applicant's death, which is sufficient for compensability under California law.

From the decision · page 5his report, Dr. Leoni did not rebut the presumption of Labor Code section 3212.1 that the applicant's cancer was industrial, but he found that the applicant's death was not related to the presumably industrial cancer, but was instead due to perforation of a non-industrial duodenal ulcer, which led to septic shock (Joint Exhibit 1, QME Report of Sean Leoni, M.D., 6/8/2020, p. 41, lines 3-7). At his cross-examination of February 1, 2021, Dr. Leoni at first clearly confirmed this opinion, then, later in the deposition, distinguished the causes of death reflected on the applicant's death certificate-- pericardial tamponade due to duodenal perforation, acute renal failure, and lung cancer--as a main cause and lesser causes that all "played a role" in the applicant's death:

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

California Labor Code section 3212.1

The cancer presumption in Labor Code section 3212.1 applies to active firefighting members and extends up to 120 months after termination of service.

The presumption was found applicable to the applicant's claim as he filed within 10 years of termination.

From the decision · page 4The opinion on decision issued with the findings of February 1, 2022 confirmed that Chief Lorenzen was correct in his understanding of the cancer presumption. The cancer presumption in Labor Code section 3212.1 applies to active firefighting members of county fire departments, and extends to up to 120 months after termination of service, and a claim form alleging presumptive lung cancer dated March 21, 2019 was filed herein, along with a proof of service on the employer, County of Ventura and its claims administrator, York on that same date, which is certainly within 10 years of the applicant's termination of service for the County. Accordingly, the cancer presumption does apply to this case (Opinion on Decision, 2/1/2022, p. 2, paragraph 2).

South Coast Framing v. Workers' Comp. Appeals Bd. (2015) 61 Cal.4th 291

Death benefits do not require the predominant cause to be work-related; even a minor contributing industrial cause suffices.

The court applied this precedent to find that the minor contributing role of lung cancer sufficed for compensability.

From the decision · page 6A lesser contributing industrial role is sufficient to find a death compensable, as explained by the California Supreme Court in South Coast Framing v. Workers' Comp. Appeals Bd. (2015) 61 Cal.4th 291 [80 Cal.Comp.Cases 489]. Death benefits do not require a showing that the predominant or greatest cause is work-related. Even the slightest modicum of contributing industrial causation is sufficient to regard a worker's death as arising out of and in the course of employment. In the applicant's case, Dr. Leoni's opinion at deposition that the lung cancer constituted even a minor contributing cause of the applicant's death is sufficient to require a finding that the death was industrial.

ADJ12139544 · April 25, 2022

What the panel ordered

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