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Case No. ADJ10138674
Regular
Jan 21, 2020

JUAN BARRAGAN vs. NORTH KERN STATE PRISON, STATE COMPENSATION INSURANCE FUND

This case involves a correctional officer claiming industrial heart injury. The applicant benefits from a statutory presumption that his heart trouble arose from his employment. While the defense presented a medical opinion suggesting the applicant's heart attack was an exacerbation of a prior condition, the Appeals Board found this evidence insufficient to rebut the presumption. The Board is remanding the case for further medical development to determine if the applicant's work activities were a contributing cause to his current heart condition, placing the burden of proof on the defendant.

Workers Compensation Appeals BoardJuan BarraganNorth Kern State PrisonState Compensation Insurance FundADJ10138674Petition for ReconsiderationFindings and OrderIndustrial InjuryHeart Trouble PresumptionLabor Code section 3212.2
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