Llamas, Jaime

Police officer Jaime Llamas was diagnosed with anaplastic meningioma (a rare brain cancer) after working for the City of Downey (Aug 2006-Mar 2017) and the City of Anaheim (Apr 2017-Nov 2021). The WCJ found one cumulative injury, applied the section 3212.1 cancer presumption to both employers, found joint and several liability under section 5500.5, and ordered both employers to pay temporary disability/section 4850 benefits beginning November 24, 2021. Downey sought reconsideration challenging the latency analysis, the requirement that Anaheim rebut the presumption, the temporary disability/4850 liability based on applicant's resignation, and an inaccurate employment-period finding. The Appeals Board granted reconsideration, found the AME (Dr. Drazin) opinion substantial, corrected the employment period for Downey to end March 30, 2017, adjusted the date of injury to December 21, 2021 (date of diagnosis), and set the section 5500.5(a) liability period as December 21, 2016 through December 21, 2017. The Board affirmed joint and several liability but rescinded the order that Downey owes section 4850 benefits, deferring all contribution and election issues under section 5500.5(e).