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Lozanos v. Workers' Compensation Appeals Bd.

California Court of Appeals, Second District, Seventh Division

May 13, 2015

CYNTHIA LOZANO et al., Petitioners,
v.
WORKERS’ COMPENSATION APPEALS BOARD and STATE COMPENSATION INSURANCE FUND, Respondents.

PETITION for writ of review from a decision of the Workers’ Compensation Appeals Board, No. ADJ8073877 Annulled and remanded for further proceedings.

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COUNSEL

Law Office of Lawrence R. Whiting and William G. Cotter for Petitioners.

Lisa A. Liebson, Mary R. Huckabaa and Alan R. Canfield for Respondents.

OPINION

ZELON, J.

The petitioners in this case, Cynthia Lozano, Samantha Lozano, and Tatiana Lozano, are the widow and children of deceased firefighter William Lozano.[1] 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 post-enactment 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 July 1, 2007. William claimed injury arising out of and occurring in the ...


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