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PanelQMEMed-legalDenied

Booth, Adam

ADAM BOOTH, Applicant vs. COUNTY OF VENTURA, permissibly self-insured; administered by SEDGWICK CMS, Defendants

ADJ number: ADJ17557045
Decision date: May 30, 2024
District office: Oxnard
WCJ: William M. Carero
Claim administrator: Sedgwick CMS
Commissioners: —

Injury / body parts: pancreas, liver, pancreatic cancer, liver cancer

LC §3212.1

Summary

Adam Booth, a deputy sheriff for the County of Ventura employed through December 2022, developed pancreatic and liver cancer (diagnosed 12/18/2022) and claimed industrial causation under the Labor Code section 3212.1 cancer presumption for peace officers. The WCJ found the presumption applied and had not been rebutted, and the defendant petitioned for reconsideration. The WCAB adopted the WCJ's report and denied reconsideration, holding that the defendant failed to meet the high rebuttal burden of proving either no connection between the carcinogen exposure and the cancer, or that any connection was so unlikely as to be absurd or illogical. Both the PQME (Dr. Enayati) and treating physician (Dr. Leoni) opined the cancer was industrially caused, and the defendant's latency-period medical literature did not account for the legal presumption. Reconsideration was denied.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.