ADJ18001417 — California WCAB decision

What the panel ordered

Petition for reconsideration denied.

Petition for reconsideration filed by defendant and denied by the Appeals Board after review of the Arbitrator's Report and Recommendation.

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold October 14, 2024.

What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

AOE/COEApplicant prevailedbrain · meningioma

The Board found the applicant's meningioma to be Grade II based on the treating neurosurgeon's opinion, which was more substantial than the IME's Grade I opinion. The cancer presumption under Labor Code section 3212.1 applies, making the injury compensable.

From the decision · page 6The issue here is injury AOE/COE. Applicant has two avenues by which to prove this. If his meningioma is or shows signs of malignancy, then he comes within the cancer presumption of Labor Code sec. 3212.1. Alternatively, his injury is compensable if there is evidence that applicant's exposure to toxins, carcinogens, smoke and other substances during his employment caused, contributed to or accelerated the growth of the meningioma.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Applicant's meningioma classified as Grade II by treating neurosurgeon Dr. Bruce McCormack.

Favours Applicant prevailed

This classification supported the cancer presumption under Labor Code section 3212.1, making the injury compensable.

From the decision · page 7There are two qualified doctors reporting in this case, who disagree on the grade of applicant's tumor. Dr. McCormack classifies it as a Grade II and Dr. Bellinger as Grade I. Neither doctor relies on speculation. Both are experienced and qualified IMEs and are familiar with the workers' compensation system. In this case, Dr. Bellinger, is acting as the IME. Dr. McCormack is the treating surgeon who removed the meningioma. Based on his letterhead, Dr. Bellinger's areas of expertise appears to be in internal medicine, cardiology and rheumatology. Dr. McCormack has been a board certified neurosurgeon and in practice as such since 1998. (Ex. F 5:14-15)

Applicant testified to exposure to toxic chemicals, smoke, and carcinogens during firefighting employment.

Favours Applicant prevailed

Supported the finding that exposure caused or contributed to the meningioma.

From the decision · page 5At the April 16, 2025, arbitration. the applicant testified about some of the toxic chemicals, smoke and other carcinogenic substances to which he was exposed during his 20-plus years of employment as a firefighter. the applicant fought hundreds of fires in homes, at commercial sites and vehicles. (Reporter's transcript, 4/16/25, 21:10-23) After a house fire was put out, firefighters removed their masks and were exposed to residual smoke from burned furniture, plastics and other chemicals that remained in the air. (Rpt trans 22:9-20) Among the many commercial fires to which he responded were drycleaners, paint and other warehouses. (Hrg trans. 23:11-16) Breathing apparatus was not worn at vehicle fires because they were outside. These fires generated a lot of "nasty chemicals" including magnesium from electric cars. Afterwards applicant told of feeling nauseous. (Rpt trans 22:21-23:5)

What the panel did with the medical opinions

The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.

PTPRelied upon · neurosurgeon

Classified the tumor as Grade II meningioma based on surgery observations and pathology report, supporting cancer presumption.

His firsthand surgical observations and experience as a neurosurgeon gave his opinion greater weight over the IME's.

From the decision · page 7There are two qualified doctors reporting in this case, who disagree on the grade of applicant's tumor. Dr. McCormack classifies it as a Grade II and Dr. Bellinger as Grade I. Neither doctor relies on speculation. Both are experienced and qualified IMEs and are familiar with the workers' compensation system. In this case, Dr. Bellinger, is acting as the IME. Dr. McCormack is the treating surgeon who removed the meningioma. Based on his letterhead, Dr. Bellinger's areas of expertise appears to be in internal medicine, cardiology and rheumatology. Dr. McCormack has been a board certified neurosurgeon and in practice as such since 1998. (Ex. F 5:14-15)

QMERejected · internal medicine, cardiology, rheumatology

Classified the tumor as Grade I meningioma, less malignant than Grade II.

Disagreed with treating surgeon's Grade II classification; opinion given less weight.

From the decision · page 7There are two qualified doctors reporting in this case, who disagree on the grade of applicant's tumor. Dr. McCormack classifies it as a Grade II and Dr. Bellinger as Grade I. Neither doctor relies on speculation. Both are experienced and qualified IMEs and are familiar with the workers' compensation system. In this case, Dr. Bellinger, is acting as the IME. Dr. McCormack is the treating surgeon who removed the meningioma. Based on his letterhead, Dr. Bellinger's areas of expertise appears to be in internal medicine, cardiology and rheumatology. Dr. McCormack has been a board certified neurosurgeon and in practice as such since 1998. (Ex. F 5:14-15)

ADJ18001417 · September 5, 2025

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

What the panel did with the medical opinions

The rules the panel named

What proof carried it

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