Becker, Emily

Emily Becker, a state park peace officer, claimed her breast cancer was an industrial injury resulting from cumulative carcinogenic exposures, including benzene, during employment from 2000 to 2018. The WCJ found industrial injury even without applying the Labor Code section 3212.1 cancer presumption, relying on QME Dr. Bellinger's reports and deposition testimony establishing benzene as the only certain causative agent within the cancer's latency period. Defendant sought reconsideration, arguing the 3212.1 presumption did not apply and that applicant failed to meet her burden connecting her cancer to employment. The WCAB adopted the WCJ's Report and denied reconsideration, holding that applicant met her burden of proof by a preponderance of the evidence since benzene was the only proven carcinogenic exposure and no viable nonindustrial cause was supported by evidence. The Board noted that speculation about home or private vehicle exposures was unsupported by the record.