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Rachel Beuttler — ADJ11143026

RACHEL BEUTTLER, Applicant vs. CITY OF PACIFIC GROVE, Permissibly Self-Insured, Defendant

ADJ number
ADJ11143026
Decision date
Sep 5, 2022
District office
Stockton
WCJ
—
Claim administrator
City of Pacific Grove, Permissibly Self-Insured
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

Injury / body parts: sino-nasal adenoid cystic carcinoma, right upper palate, cancer

LC §3212.1

Summary

Rachel Beuttler, a police sergeant for the City of Pacific Grove, was found to have sustained industrial injury in the form of sino-nasal adenoid cystic carcinoma during a cumulative period ending August 10, 2017. The WCJ applied the cancer presumption for peace officers under Labor Code section 3212.1 and found defendant failed to rebut it. The parties stipulated that applicant was within the covered class, the cancer manifested during active service, the primary site was the right upper palate, and applicant was exposed to benzene, a known carcinogen recognized by IARC. Defendant argued QME internist Dr. Juan César Larach rebutted the presumption by opining the benzene exposure was too brief and that there was a more likely cause (night shift work). The Board found Dr. Larach's testimony vague, unsupported, and insufficient to establish 'no reasonable link' between benzene and the cancer, and denied reconsideration.

Issues

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Holding

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