IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT RACHAEL DUFOUR et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and CITY OF MODESTO, Respondents. BACKGROUND Modesto Police Officer Michael DuFour (DuFour) passed away in his home on December 13, 2003, after having experienced two days of flu-like symptoms. Referring to DuFour's autopsy reports, the WCJ found insufficient evidence that DuFour was infected with a blood-borne infectious disease. The WCAB found the suggestion DuFour died of a blood-borne infectious disease "speculation, not evidence" and noted Petitioner repeatedly mischaracterized the burden of proof by insisting the statutory presumption applies any time a police officer becomes ill from an unknown source. Dr. Blau's opinion here is not based on a medical finding that DuFour died from a blood-borne infectious disease.

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