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Anne Michelle Green — ADJ15505680

ANNE MICHELLE GREEN, Applicant vs. CITY OF LOS ANGELES, Permissibly Self-Insured, Defendant

ADJ number
ADJ15505680
Decision date
Oct 20, 2022
District office
San Francisco
WCJ
Mark L. Kahn (Arbitrator)
Claim administrator
City of Los Angeles (Permissibly Self-Insured)
Commissioners
—

Injury / body parts: endometrial cancer (uterus), gastrointestinal system

LC §3212.1LC §5909

Summary

Anne Michelle Green, a Los Angeles police officer, claimed industrial injury in the form of endometrial cancer and consequent gastrointestinal injury during a cumulative period ending August 28, 2019. The arbitrator initially found that defendant City of Los Angeles successfully rebutted the Labor Code section 3212.1 cancer presumption and denied industrial injury. On reconsideration, the WCAB held that applicant met her initial burden of raising the presumption and that defendant failed to properly rebut it. The Board found that the AME merely identified an absence of medical evidence linking the carcinogens to endometrial cancer, which is legally insufficient under Garcia. The Board granted reconsideration, rescinded the arbitrator's findings, and found that applicant sustained industrial injury, deferring all other issues.

Issues

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Holding

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Analysis

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