The California Workers' Compensation Appeals Board released an En Banc decision yesterday, dated 12/11/03, delineating how the burden of proof shifts in Labor Code section 3212.1 carcinogen cases.The case is Walter Faust vs. City of San Diego (WCAB No. SDO 244774, 12/11/03), and involves the cancer presumption applicable to active firefighters and peace officers. LC 3212.1 provides that injury as applied to the covered class in the section includes cancer if the employee demonstrates that he or she was exposed to a known carcinogen. Subdivision (d) of 3212.1 says that the cancer is presumed to...
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