Cancer Presumption Held Not to Be All-Inclusive

By: Cal-OSHA

SAN FRANCISCO - On June 16, the state supreme court denied a firefighter's petition for review in Riverview Fire Protection Dist. v. WCAB (Smith). In so doing, the high court upheld the decision by the Fourth Circuit Court of Appeal that annulled application of Labor Code 3212.1, the cancer presumption, to a firefighter's stomach cancer. According to the appeal court, the medical evidence failed to prove a "logical connection" between carcinogens to which the firefighter had been exposed and his cancer.

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