Case Law Update

​In Davis v. State of California, Department of Forestry and Fire Protection, 2016 Cal. Wrk. Comp. P.D. LEXIS 611, the WCAB held that a firefighter was not entitled to the presumption under LC 3212.85 for an alleged injury to his “nervous system and respiratory” occurring as a result of his exposure to fire retardant.
In Watkins v. Department of State Hospitals, Atascadero State Hospital, 2016 Cal. Wrk. Comp. P.D. LEXIS 627, the WCAB held that an applicant’s claim was not barred by the statute of limitation under LC 5405 when the defendant failed to prove when it last provided benefits.