Richard Green — ADJ12014246

Richard Green, a CHP traffic officer, claimed lung cancer arising from exposure to combustion products and diesel exhaust during his employment from 1981 to 2006; he died of metastatic lung cancer on September 13, 2019. The Labor Code section 3212.1 cancer presumption was extended to March 31, 2013, and the dispute centered on whether the cancer developed or manifested before that date. The WCJ originally found defendant rebutted the presumption and that the cancer was not industrial. On reconsideration, the Board reversed, relying on QME Dr. Jonathan Green's opinion that the cancer's ten-year latency period placed its development in June 2008 (ten years before the first manifestation on June 11, 2018), within the extension period. The Board held the presumption was not rebutted and amended the F&O to find industrial injury, deferring all other issues and returning the matter to the WCJ.