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Kelby Downing — ADJ15918599

KELBY DOWNING, Applicant vs. BODEGA BAY FIRE PROTECTION DISTRICT, Permissibly Self-Insured; COUNTY OF MARIN, Permissibly Self-Insured, Defendants

ADJ number: ADJ15918599
Decision date: Apr 6, 2026
District office: Santa Rosa
WCJ: —
Claim administrator: Bodega Bay Fire Protection District (Permissibly Self-Insured); County of Marin (Permissibly Self-Insured)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: kidney (right kidney cancer/clear renal cell carcinoma)

LC §5410LC §5804LC §5900LC §5909

Summary

Applicant Kelby Downing, a firefighter, sustained an industrial cumulative injury ending January 24, 2022 in the form of kidney cancer (clear renal cell carcinoma) causing 22% permanent disability. The WCJ found that the cancer was a 'progressive, insidious disease' under Ruffin v. Olson Glass Co. and General Foundry Service v. WCAB (Jackson), permitting the Board to reserve jurisdiction to award additional permanent disability beyond the 5-year limitation of Labor Code section 5410. Defendant sought reconsideration, arguing the kidney cancer did not qualify as progressive and insidious. The Board adopted the WCJ's Report and denied reconsideration, reasoning that the potential for recurrence—supported by AME Dr. Fishman's opinion of a 10%+ recurrence risk—was sufficient under recent panel authority to justify reservation of jurisdiction. The Board also addressed timeliness under amended Labor Code section 5909, finding it acted within 60 days of transmission.

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.

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.