Riverview Fire Protection District v. Workers' Compensation Appeals Board

Good Law

1994 Cal. App. LEXIS 255·23 Cal. App. 4th 1120·28 Cal. Rptr. 2d 601·94 Daily Journal DAR 3954·59 Cal. Comp. Cases 180

Court of Appeal of CaliforniaMarch 25, 1994A062192California3,771 words

Opinion

Phelan, J.

We hold that firefighters who develop cancer after being exposed to carcinogens in the course of employment need not show that their cancer was proximately caused by those carcinogens in order to benefit from the presumption of industrial causation established in Labor Code section 3212.1.

Background

Walter Smith (applicant), born September 10, 1947, was a firefighter for Riverview Fire Protection District (employer) from September 1980 on. During his employment he developed stomach cancer which became manifest in September 1990. Applicant had surgery that month and returned to work in November 1990, with residual symptoms of tiredness at work and occasional stomach pain. Statistically applicant was given a probability of survival after five years of about 25 to 30 percent. He died on October 16, 1993.

Applicant testified, and it was not seriously disputed, that while he was working for employer he was exposed to asbestos, soots, tars and other substances which are known to cause stomach cancer. Workers’ Compensation Judge (WCJ) Philip Miyamoto found that the cancer was presumed to be industrially caused under Labor Code section 3212.1 and awarded applicant permanent…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.