Melvin Thomas — ADJ9807190

Applicant Melvin Thomas, a CDCR custodial peace officer, was found by the WCJ to have sustained a presumptive industrial injury based on the pneumonia presumption under Labor Code section 3212.10, stemming from coccidioidomycosis (valley fever) that required hospitalization during his service. Defendant State of California, legally uninsured, sought reconsideration arguing insufficient evidence that the pneumonia developed or manifested during service and that the claim was barred by the statute of limitations. The WCAB denied reconsideration, finding the section 3212.10 presumption arose because valley fever constitutes pneumonia that manifested during service, and defendant failed to rebut it. On the statute of limitations issue, the Board declined to adopt the WCJ's reasoning but found the limitations period was tolled by defendant's failure to provide applicant the required notice of potential eligibility for benefits. The petition was denied.