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PanelQMEMed-legalGranted in Part

Howlett, Phillip

PHILLIP HOWLETT (DEC’D), et al., Applicants vs. CALIFORNIA HIGHWAY PATROL, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ14723140
Decision date: May 11, 2025
District office: Santa Rosa
WCJ: Hengel
Claim administrator: State Compensation Insurance Fund
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: cancer, right thigh, death

LC §3212.1LC §5909LC §5900LC §5705LC §3202.5LC §3600

Summary

Phillip Howlett, a CHP officer from 1991-2015 (last physically working in 2014), developed cancer and died in 2023. The WCJ applied the Labor Code section 3212.1 cancer presumption and found CHP liable for industrial injury and death. CHP/SCIF petitioned for reconsideration, arguing it rebutted the presumption and that applicant's last injurious carcinogen exposure occurred during subsequent employment with the University of California Police Department (UCSFPD). The Board rejected this argument, finding the cancer presumption does not apply to UC peace officers defined under Penal Code section 830.2(b), and that PQME Dr. Levy based his opinions solely on the presumption without any traditional causation analysis implicating UCSFPD. The Board granted reconsideration solely to correct a technical error in the employment dates stipulated by the parties, rescinding and reissuing the F&A with no substantive change.

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.