Fain v. Workers' Compensation Appeals Board, No. F056026 (Cal. App. Dist. 5 11/13/2008) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT No. F056026 November 13, 2008 DIANNA FAIN, PETITIONER, v. WORKERS' COMPENSATION APPEALS BOARD AND CITY OF FRESNO POLICE DEPARTMENT, RESPONDENTS. Code, § 3212. 1. *fn2 ) Not finding sufficient basis upon which to invoke the presumption, we agree with the WCAB. BACKGROUND Bruce Fain (Fain) worked as a police officer for the City of Fresno (Fresno) from May 29, 1972, until August 17, 2006. Fain subsequently passed away and his wife pursued his workers' compensation claim. Adopting the WCJ's findings, the WCAB did not find any evidence Fain was ever exposed to a known carcinogen while working for Fresno as a police officer.

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