Hernandez, Keith (Dec)

Decedent Keith Hernandez, a firefighter, developed cancer and died after working for three fire agencies between 2008 and 2017. The WCJ found injury AOE/COE, set a section 5412 date of injury of December 5, 2017, deferred section 5500.5 liability, and awarded a $320,000 death benefit, $10,000 burial expenses, and attorney's fees. Defendant Kings County/County of Kings sought reconsideration, arguing the date of injury should be determined under section 5500.5 with the section 3212.1 cancer presumption (yielding a December 31, 2012 date per the IME) and that the burial award was erroneous because expenses were already paid and the issue was never raised at trial. The Appeals Board granted reconsideration, affirmed the December 5, 2017 section 5412 date of injury, corrected the Fresno County employment period to April 7, 2008 to March 22, 2009, and rescinded the F&A to defer all other issues (burial expenses, dependency benefits, and attorney's fees) because they were not raised at trial and lacked an evidentiary record.