Legal Opinion

Riverview Fire Protection District v. Workers' Compensation Appeals Board

California Court of Appeal

Decided March 25, 1994No. A062192PublishedCited by 14 opinions

1Opinion of the Court

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…

2Cases cited7 opinions

  1. Halbert's Lumber, Inc. v. Lucky Stores, Inc.California Court of Appeal · 1992
  2. Cottle v. Superior CourtCalifornia Court of Appeal · 1992
  3. Place v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1970
  4. Todd Shipyards Corp. v. BlackCourt of Appeals for the Ninth Circuit · 1983
  5. Claim of Tinelli v. Ken Duncan, Ltd.Appellate Division of the Supreme Court of the State of New York · 1993

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3Cited by14 opinions

  1. MacIsaac v. Waste Management Collection & Recycling, Inc.California Court of Appeal · 2005
  2. Mt. Hawley Insurance v. LopezCalifornia Court of Appeal · 2013
  3. Alejo v. TorlaksonCalifornia Court of Appeal · 2013
  4. Association Des Eleveurs v. Rob BontaCourt of Appeals for the Ninth Circuit · 2022
  5. City of Long Beach v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2005

9 more not listed; retrieve them via the Exa API.

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