CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding an award of 78% permanent disability for a correctional officer's industrial injury to his heart, cardiovascular system, and back. The Board found that Labor Code section 4663(e) prohibits apportionment of permanent disability for injuries covered by Labor Code section 3212.2, which applied here. Defendant's arguments regarding rebuttal of injury presumption and the permanent disability rating were either waived or moot due to stipulations and failure to raise issues at trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding an award of 78% permanent disability for a correctional officer's industrial injury to his heart, cardiovascular system, and back. The Board found that Labor Code section 4663(e) prohibits apportionment of permanent disability for injuries covered by Labor Code section 3212.2, which applied here. Defendant's arguments regarding rebuttal of injury presumption and the permanent disability rating were either waived or moot due to stipulations and failure to raise issues at trial.
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