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PanelMed-legalDenied

Jonathan Torres — ADJ11869760

JONATHAN TORRES, Applicant vs. COUNTY OF LOS ANGELES SHERIFF’S DEPARTMENT, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ11869760
Decision date: Sep 6, 2021
District office: Van Nuys
WCJ: —
Claim administrator: Sedgwick Claims Management Services (administering for County of Los Angeles Sheriff's Department, permissibly self-insured)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: colon (colon cancer, adenocarcinoma metastatic to liver and lungs)

LC §3212.1LC §5705LC §830.1LC §830.2LC §830.37

Summary

Applicant Jonathan Torres, a Los Angeles County deputy sheriff, claimed colon cancer as an industrial injury under the Labor Code section 3212.1 cancer presumption for peace officers. The AME, Dr. Hirsch, concluded he could not rebut the presumption because the final mutations in the cancer's development likely occurred while applicant was exposed to carcinogens on the job, and he could not rule out a shortened latency period. The WCJ found injury AOE/COE, and defendant petitioned for reconsideration arguing it had rebutted the presumption and that telephonic trial denied due process. The WCAB affirmed, holding defendant failed to introduce medical/scientific evidence showing no reasonable link between the carcinogen exposure and colon cancer, and that no due process violation occurred.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.