CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, finding the WCJ erred in failing to apply the presumption of industrial causation for "heart trouble" under Labor Code § 3212.5. The Board determined the applicant's hypertrophic cardiomyopathy, developing during his employment as a deputy sheriff, qualified for this presumption, which was not rebutted by the defense. Consequently, the applicant's permanent disability is not subject to apportionment under Labor Code § 4663(e). The case is returned to the trial level for further proceedings and a new decision consistent with this opinion, including revisiting the issue of future medical treatment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, finding the WCJ erred in failing to apply the presumption of industrial causation for "heart trouble" under Labor Code § 3212.5. The Board determined the applicant's hypertrophic cardiomyopathy, developing during his employment as a deputy sheriff, qualified for this presumption, which was not rebutted by the defense. Consequently, the applicant's permanent disability is not subject to apportionment under Labor Code § 4663(e). The case is returned to the trial level for further proceedings and a new decision consistent with this opinion, including revisiting the issue of future medical treatment.
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