CompFox AI Summary
This case involves a correctional officer with stipulated industrial injuries to his heart, cardiovascular system, kidneys, sleep disorder, and psyche. The defendant sought reconsideration of an award of total permanent disability, arguing the presumption under Labor Code 3212.2 did not apply to the kidney condition and that apportionment was possible. The Appeals Board granted reconsideration, rescinded specific findings related to the kidney condition and presumption, but affirmed the total permanent disability award based on the combined effects of the presumed industrial heart trouble and admitted industrial kidney disease. The matter was returned to the trial level for further development of the record regarding the kidney issues and apportionment.
Full Decision Text1 Pages
This case involves a correctional officer with stipulated industrial injuries to his heart, cardiovascular system, kidneys, sleep disorder, and psyche. The defendant sought reconsideration of an award of total permanent disability, arguing the presumption under Labor Code 3212.2 did not apply to the kidney condition and that apportionment was possible. The Appeals Board granted reconsideration, rescinded specific findings related to the kidney condition and presumption, but affirmed the total permanent disability award based on the combined effects of the presumed industrial heart trouble and admitted industrial kidney disease. The matter was returned to the trial level for further development of the record regarding the kidney issues and apportionment.
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