ADJ9468922 · August 11, 2025

The WCAB found that the applicant met the presumption of compensability under Labor Code section 3212.1 for prostate cancer as a firefighter and that the defense PQME's contrary opinion was not substantial evidence due to incorrect legal theory and internal inconsistencies.

From the decision · page 4For the reasons stated in the Report and Opinion on Decision, we agree with the WCJ that applicant met his prima facia burden to prove that the presumption pursuant to section 3212.1 applies based on the preponderance of the evidence (Lab. Code, § 3202.5, 5705), i.e., that he was a firefighter, that he was exposed to a known carcinogen, and that he developed prostate cancer. We note that panel qualified medical evaluator (PQME) Thomas Allems, M.D., stated that it was indisputable that firefighters are exposed to carcinogens in smoke and post-fire gasses (Report of Dr. Allems, 1/17/15, at pp. 6-7, Exhibit B) and that there is "limited evidence" of association between cadmium and arsenic with prostate cancer (id. at p. 4, emphasis in original). We also note

The petition for reconsideration was denied because the WCAB acted timely and found no substantial evidence to overturn the WCJ's findings.

From the decision · page 1We have considered the allegations of the Petition for Reconsideration and the contents of the Report and the Opinion on Decision of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ's Report and the Opinion on Decision, both of which we adopt and incorporate, and for the reasons discussed below, we will deny reconsideration.

Applicant was a firefighter for approximately 36 years with exposure to known carcinogens

Favours Applicant prevailed

Supports the application of the Labor Code section 3212.1 presumption of compensability for cancer in firefighters

From the decision · page 7The applicant credibly testified that he was a firefighter for approximately 36 years. He originally began work at Peninsula Fire Protection District and ended his work there in December 1996. He then began working for the City of Modesto and continues to do so presently.

PQME Dr. Allems' medical opinions were based on an incorrect legal theory and contained internal inconsistencies

Favours Applicant prevailed

Led to rejection of the defense's rebuttal evidence and upheld the presumption of compensability

From the decision · page 8This WCJ found that the reporting of Dr. Allems was not substantial evidence and was found contrary to the presumption of compensability. The court also found that Dr. Allems was working off of an" incorrect legal theory" regarding the presumption of compensability. PQME Dr. Allems January 17, 2015 report opines that prostate cancer was not generally considered to be caused by external environmental or occupational carcinogens. However, on page 4 of the same report he specifies that there was an association found between cadmium, which is one of the toxins included in the IARC tables also on page 8 Exhibit K, that firefighters are exposed to in their daily work.

Dr. Allems opined that prostate cancer was not generally considered caused by occupational carcinogens but acknowledged limited evidence linking cadmium exposure to prostate cancer. His opinion was found not substantial evidence due to incorrect legal theory and internal inconsistencies.

The WCAB found Dr. Allems' opinion was based on an incorrect legal theory regarding the firefighter cancer presumption and contained internal inconsistencies, thus not substantial evidence.

From the decision · page 4For the reasons stated in the Report and Opinion on Decision, we agree with the WCJ that applicant met his prima facia burden to prove that the presumption pursuant to section 3212.1 applies based on the preponderance of the evidence (Lab. Code, § 3202.5, 5705), i.e., that he was a firefighter, that he was exposed to a known carcinogen, and that he developed prostate cancer. We note that panel qualified medical evaluator (PQME) Thomas Allems, M.D., stated that it was indisputable that firefighters are exposed to carcinogens in smoke and post-fire gasses (Report of Dr. Allems, 1/17/15, at pp. 6-7, Exhibit B) and that there is "limited evidence" of association between cadmium and arsenic with prostate cancer (id. at p. 4, emphasis in original). We also note

Lab. Code, 3212.1

Labor Code section 3212.1 presumption of compensability for firefighters' cancer

The presumption applies to firefighters who develop cancer and shifts the burden to the defense to rebut the presumption by proving no reasonable link exists between employment exposure and cancer.

From the decision · page 4For the reasons stated in the Report and Opinion on Decision, we agree with the WCJ that applicant met his prima facia burden to prove that the presumption pursuant to section 3212.1 applies based on the preponderance of the evidence (Lab. Code, § 3202.5, 5705), i.e., that he was a firefighter, that he was exposed to a known carcinogen, and that he developed prostate cancer. We note that panel qualified medical evaluator (PQME) Thomas Allems, M.D., stated that it was indisputable that firefighters are exposed to carcinogens in smoke and post-fire gasses (Report of Dr. Allems, 1/17/15, at pp. 6-7, Exhibit B) and that there is "limited evidence" of association between cadmium and arsenic with prostate cancer (id. at p. 4, emphasis in original). We also note

Lab. Code, 5909

Petition for reconsideration must be acted upon within 60 days of case transmission to WCAB

The WCAB acted timely on the petition for reconsideration filed by the applicant, denying it within the required 60-day period.

From the decision · page 1I. Preliminarily, we note that former Labor Code1 section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that: (a) A petition for reconsideration is deemed to have been denied by the appeals board unless it is acted upon within 60 days from the date a trial judge transmits a case to the appeals board.

Applicant's credible testimony of 36 years as a firefighter and exposure to carcinogens

From the decision · page 7The applicant credibly testified that he was a firefighter for approximately 36 years. He originally began work at Peninsula Fire Protection District and ended his work there in December 1996. He then began working for the City of Modesto and continues to do so presently.

PQME Dr. Allems' reports and depositions showing internal inconsistencies and incorrect legal theory

From the decision · page 8This WCJ found that the reporting of Dr. Allems was not substantial evidence and was found contrary to the presumption of compensability. The court also found that Dr. Allems was working off of an" incorrect legal theory" regarding the presumption of compensability. PQME Dr. Allems January 17, 2015 report opines that prostate cancer was not generally considered to be caused by external environmental or occupational carcinogens. However, on page 4 of the same report he specifies that there was an association found between cadmium, which is one of the toxins included in the IARC tables also on page 8 Exhibit K, that firefighters are exposed to in their daily work.