Workers' Compensation
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Case Details
Successfully argued for the application of cancer presumption for Imperial County Probation Manager Iran Martinez, establishing his eligibility for workers' compensation benefits despite initial denial.
Additional Notes
Attorney Brendan Rochford successfully argued for an application of the cancer presumption [Cal. Lab. Code §3212.1] for Imperial County Probation Manager Iran Martinez. Mr. Martinez is an officer who was sworn in under Cal. Pen. Code §830.5, which would not allow for application of the cancer presumption. Attorney Rochford successfully demonstrated that Mr. Martinez’s job duties as a Narcotics Task Force Officer/special agent were authorized by the California Department of Justice (“DOJ”). Mr. Martinez was found to be acting within the scope of his authority as a special agent of the California DOJ as codified under Cal. Pen. Code §830.1(b), and this entitled him to the cancer presumption. The Workers’ Compensation Appeals Board granted the County of Imperial’s Petition for Reconsideration, but ultimately denied that petition. Most recently, The County appealed this decision to the 4th District Court of Appeals in San Diego, but the Petition for Writ of Review was denied. This decision was recently signed by the acting Presiding Justice Patricia D. Benke on July 23, 2020. It was also considered by Justice Richard D. Huffman and Justice Cynthia Aaron. The County of Imperial has elected not to pursue the appeal further.