What the panel ordered
Petition for Reconsideration granted; arbitrator's Findings and Order of July 27, 2021 rescinded; decision that applicant sustained industrial injury in the form of endometrial cancer and to the gastrointestinal system; all other issues deferred.
Applicant filed a timely Petition for Reconsideration of the arbitrator's Findings and Order dated July 27, 2021, which was granted by the Appeals Board after review.
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.
Applicant met initial burden to raise the presumption under Labor Code section 3212.1; defendant failed to rebut the presumption as it did not prove absence of a reasonable link between the cancer and industrial exposure to carcinogens; medical evidence did not disprove the link between exposure and endometrial cancer.
From the decision · page 1Applicant seeks reconsideration of an arbitrator's Findings and Order of July 27, 2021, wherein it was found that, while employed as a police officer during a cumulative period ending August 28, 2019, applicant did not sustain industrial injury in the form of endometrial cancer and to her gastrointestinal system. In so finding, the arbitrator found that defendant rebutted the cancer presumption codified at Labor Code section 3212.1.