Davis, Theodore

Theodore Davis, a firefighter with 36 years of service (Peninsula Fire Protection District and City of Modesto), was diagnosed with prostate cancer and claimed the cancer presumption under Labor Code section 3212.1. The City of Modesto, self-insured and administered by Athens Administrators, denied the claim and relied on PQME Dr. Thomas Allems, who produced five reports and four depositions over a decade opining that there was insufficient evidence linking firefighting to prostate cancer. The WCJ found applicant met his prima facie burden under section 3212.1 (firefighter, exposure to known carcinogens, development of cancer) and that Dr. Allems' reporting was not substantial evidence because it was premised on an incorrect legal theory that effectively nullified the legislative cancer presumption. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion on Decision, and added a preliminary discussion confirming timeliness under the amended section 5909. The Board affirmed the Findings and Award that applicant sustained an industrial injury to his prostate AOE/COE.