Mccullough, Doug (Dec)

Doug McCullough, a fire captain employed by Salida Fire Protection District and Modesto Fire Department from 1994-2022, died in March 2023 of metastatic esophageal cancer. His dependents pursued workers' compensation claims and obtained the benefit of the cancer presumption under Labor Code section 3212.1, with no evidence offered to rebut it. After the presumption was established, the WCJ found two penalties due under Labor Code section 5814.3 for unreasonable delay/denial of both inter vivos benefits and death benefits. Defendant Modesto Fire Department petitioned for reconsideration, arguing the denial was reasonable because the applicant had not made a prima facie showing of the presumption and the latency period shifted liability. The WCAB adopted the WCJ's report and denied reconsideration, finding the defendant possessed all information needed to determine applicability of the presumption at the time of denial.