Alex Solis — ADJ12048035

Alex Solis, a Los Angeles County firefighter from 1985 to 2019, claimed industrial injury after developing a small cell carcinoid (neuroendocrine) tumor of the parotid gland diagnosed in 2018. Dr. Hirsch, the internal IME, identified the primary cancer site but concluded he had insufficient information to determine causation due to the extreme rarity of the tumor and lack of medical literature. The WCJ found that this failure to affirmatively establish 'no reasonable link' meant the defendant did not rebut the Labor Code § 3212.1 cancer presumption, and awarded 100% permanent disability based on Dr. Hirsch's Almaraz/Guzman analysis. Defendant petitioned for reconsideration arguing the IME's causation opinion should be binding under a Dispute Resolution Agreement and challenging the disability rating. The WCAB denied reconsideration, holding the DRA issue was waived (not raised at trial and not in evidence) and adopting the WCJ's report finding the presumption was not rebutted.