Lozano v. Workers' Comp. Appeals Bd.
Annotate this CasePetitioners, the widow and children of a deceased firefighter, sought a writ of review after the 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. At issue was whether an amendment to the Labor Code, 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 deceased, is applicable to the claim for workers’ compensation benefits filed on November 3, 2009. The court held that the amendment of Labor Code section 3212.1 effected a procedural change, and accordingly that the presumption is properly applied in the post-enactment adjudication of this claim. Therefore, the court annuled the decision of the appeals board and remanded the case for further proceedings
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