Home/Case Law/Kevin Kennedy vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND
Regular DecisionReconsideration

Kevin Kennedy vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

Filed: Apr 18, 2012
Oakland
ADJ7284210

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration, reversing a trial judge's decision that denied a firefighter's claim for a stroke. The Board found that Labor Code section 3212's anti-attribution clause prevents rebuttal of the industrial injury presumption based on a pre-existing congenital heart condition. Therefore, the presumption of industrial causation applies, and the matter is returned for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration, reversing a trial judge's decision that denied a firefighter's claim for a stroke. The Board found that Labor Code section 3212's anti-attribution clause prevents rebuttal of the industrial injury presumption based on a pre-existing congenital heart condition. Therefore, the presumption of industrial causation applies, and the matter is returned for further proceedings.

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