Lozano

The petitioners in this case, Cynthia Lozano, Samantha Lozano, and Tatiana Lozano, are the widow and children of deceased firefighter William Lozano. The Lozanos sought a writ of review after the Workers’ Compensation Appeals Board denied reconsideration of the decision of the workers’ compensation judge finding that the cancer presumption of Labor Code section 3212.1 did not apply to petitioners’ claim.

The issue presented is whether an amendment to the Labor Code, enacted by Senate Bill No. 1271 (2007-2008 Reg. Sess.) (Senate Bill 1271) on February 19, 2008, and effective on January 1, 2009, which would extend the cancer presumption to firefighters like William, is applicable to the claim for workers’ compensation benefits filed on November 3, 2009. We hold the amendment of Labor Code section 3212.1 effected a procedural change, and accordingly that the presumption is properly applied in the postenactment adjudication of this claim. We therefore annul the decision of the appeals board and remand the case for further proceedings.

FACTUAL BACKGROUND

William worked as a fire engineer for Pyramid Services, a Department of Defense installation from November 1, 1981, to…