California Court of Appeal

In a writ of review brought by the widow and children of a deceased firefighter after the WCAB 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 petitioner's claim, the decision of the WCAB is annulled where an amendment to the Labor Code section 3212.1, enacted by Senate Bill 1271 on February 19, 2008 and effective on January 1, 2009, which would extend the cancer presumption to firefighters like the one in this case, is applicable to the claim for workers' compensation benefits filed on November 3, 2009, because the amendment effected a procedural change, and accordingly the presumption is properly applied in the post-enactment adjudication of this claim.

Appellate Information

• Decided 05/13/2015
• Published 05/13/2015

Judges

• ZELON

Court

• California Court of Appeal

Counsel