Nina Brown — ADJ11429197

Nina Brown, a Senior Parole Agent for the California Department of Corrections and Rehabilitation, claimed her breast cancer arose out of and in the course of employment, relying on the peace officer cancer presumption under Labor Code section 3212.1. The WCJ found she did not sustain industrial injury because, although she was a peace officer defined under Penal Code section 830.2(d)(1) engaged in active law enforcement, that category is not among those enumerated in Labor Code section 3212.1(a)(3), so the presumption did not apply. Without the presumption, the PQME report of Dr. Charles Wiseman found insufficient scientific evidence to establish industrial causation of her cancer. On reconsideration, the Board adopted and incorporated the WCJ's Report and affirmed the April 27, 2021 Findings and Order that applicant take nothing. The Board also rejected applicant's newly raised section 5402 presumption-of-compensability argument as waived because it was not raised at trial.