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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ7494670
Regular
Jun 01, 2012

JOSEPH CURRAN, Deceased, JERI CURRAN, Spouse vs. CITY OF SACRAMENTO

The Workers' Compensation Appeals Board denied reconsideration of a decision finding that the deceased firefighter, Joseph Curran, suffered a heart injury arising out of and in the course of employment. The Board affirmed that the Labor Code Section 3212 heart trouble presumption applied. The defendant failed to rebut this presumption by demonstrating that a contemporaneous non-work-related event was the *sole* cause of the heart trouble. Dr. Bellinger's testimony, while stating the presumption was necessary, did not affirmatively prove exclusive non-industrial causation.

Labor Code 3212heart trouble presumptionindustrial causationrebutted presumptionanti-attribution clausesole causenonwork-related eventcumulative injuryfirefighterdeath benefits
References
5
Case No. ADJ2335090 (SFO 0510716)
Regular
Oct 07, 2010

YOLANDA SMITH vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board denied reconsideration of a decision finding a deceased deputy sheriff's death to be industrially related due to a heart presumption under Labor Code section 3212.5. Despite the deceased being involved in a non-work-related car accident, the court found the heart presumption applicable, deeming his hypertension a contributing factor to his death. The defendants' arguments regarding the "going and coming rule" and lack of substantial evidence were rejected. The Board affirmed that the presumption, along with medical evidence of hypertensive heart disease hastening death, established the injury arose out of and occurred in the course of employment.

Labor Code 3212.5Heart PresumptionGoing and Coming RuleProximate CauseHypertensionEnd Organ DamageAnatomic EvidenceEnlarged HeartLeft Ventricular HypertrophySarcoidosis
References
7
Case No. ADJ12288761
Regular
Dec 29, 2020

MICHAEL GOMEZ vs. CALIFORNIA INSTITUTION FOR WOMEN, STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding a finding of 62% permanent disability for a correctional officer with cumulative trauma. The core issue was whether Left Ventricular Hypertrophy (LVH), found by a QME, constituted "heart trouble" under Labor Code section 3212.2, triggering a presumption of industrial injury. The Board affirmed the WCJ's decision, relying on prior case law and expert medical opinions that LVH, even if minor, qualifies as "heart trouble" for purposes of the presumption. Defendant's arguments that LVH was not "heart trouble" and that medical opinions were contradicted were rejected as insufficient to rebut the presumption.

Workers' Compensation Appeals BoardCalifornia Institution for Womencorrectional officercumulative traumainternal organshypertensionGERDheart trouble presumptionLabor Code section 3212.2Left Ventricular Hypertrophy
References
13
Case No. ADJ8835024, ADJ8996815
Regular
Jun 26, 2017

TRACIE KEILLOR vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) is remanding this case for further proceedings. Initially, the WCAB reversed a judge's finding of industrial injury for a stroke under the heart presumption statute. However, the WCAB acknowledges its prior decision was incomplete as it failed to consider if the applicant could establish industrial injury outside the heart presumption, potentially requiring further medical evaluation. The WCAB also notes that a related civil case finding job stress caused the stroke is now final, raising the issue of collateral estoppel. Therefore, the case is returned to the trial level to determine if collateral estoppel applies or if further development of the record is needed to establish an industrial injury independent of the heart presumption.

Workers' Compensation Appeals BoardRemittiturHeart PresumptionStrokeIndustrial InjuryNewly Discovered EvidenceCollateral EstoppelLabor Code Section 3212.5Sheriff's OfficerNeuroloigical Evaluation
References
1
Case No. AD J8835024 AD J8996815
Regular
Jun 14, 2016

TRACIE KEILLOR vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found that the applicant, a deputy sheriff, did not sustain industrial injury from a stroke. While Labor Code section 3212.5 creates a presumption of industrial causation for heart trouble in peace officers, the applicant failed to establish, based on a qualified medical evaluator's opinions, that her stroke was caused by heart trouble or that she suffered from any heart trouble. The expert consistently found no evidence of heart trouble contributing to the stroke and opined that an intracranial thrombosis was the probable cause. Therefore, the presumption under section 3212.5 was not applicable as the applicant did not meet the threshold requirement of showing heart trouble.

Workers' Compensation Appeals BoardDeputy SheriffStrokeHeart PresumptionLabor Code Section 3212.5Occupational CausationMedical ProbabilityPanel Qualified Medical EvaluatorCardiologistIn Situ Thrombosis
References
6
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
References
6
Case No. ADJ3526973 (SDO 0315558) ADJ2783481 (SDO 0355255)
Regular
Jan 21, 2011

THEMAS CARMODY vs. CITY OF SAN DIEGO POLICE DEPARTMENT

The Workers' Compensation Appeals Board reversed a WCJ's decision finding no industrial injury to the applicant's heart and hypertension. The Board found that the Agreed Medical Evaluator's initial reports strongly supported industrial causation for hypertension and heart trouble, triggering the Labor Code section 3212.5 presumption. The Board held the AME's subsequent deposition testimony, which reversed his opinion without adequate explanation and rejected the legislative premise of stress-induced heart disease, was insufficient to rebut the presumption. Consequently, both the applicant's heart/hypertension claim and a previously decided claim for lung and hernia injuries were returned to the trial level for benefit determination.

Workers' Compensation Appeals BoardPolice SergeantHeart ConditionHypertensionLabor Code Section 3212.5Presumption of CompensabilityAgreed Medical EvaluatorRebuttal of PresumptionIndustrial CausationDeposition Testimony
References
6
Case No. ADJ7941040
Regular
Sep 30, 2014

JESSE NICASIO vs. CITY OF MODESTO, Administered by YORK INSURACE SERVICES

The applicant, a former fire chief, sustained industrial injuries to his heart and multiple myeloma. The Appeals Board affirmed the WCJ's finding that his heart trouble was industrially caused, based on the presumption under Labor Code section 3212 and the AME's opinion that it developed during employment. Regarding cancer, the Board found the applicant's multiple myeloma developed within the statutory timeframe, making it presumptively compensable under Labor Code section 3212.1, and the defendant failed to rebut this presumption. Therefore, the applicant is entitled to benefits for both conditions.

Labor Code section 3212.1heart trouble presumptioncancer presumptionmultiple myelomabenzene exposureleft ventricular hypertrophyfire chieflatency periodmanifestationdevelopment
References
21
Case No. ADJ8254799
Regular
Apr 21, 2014

TERRY MILLER vs. WASCO STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to find that correctional officer Terry Miller sustained an industrial heart injury, not just hypertension, based on Labor Code section 3212.2's presumption for heart trouble in correctional officers. The WCAB overturned the judge's decision to apportion the injury, ruling that Labor Code section 4663(e) prohibits apportionment for injuries covered by the heart trouble presumption. Consequently, Miller was awarded an unapportioned 60% permanent disability rating, an increase from the original 51%.

Labor Code section 3212.2heart trouble presumptioncorrectional officerleft ventricular hypertrophycumulative traumaindustrial hypertensionunapportioned awardpermanent disabilityWasco State PrisonState Compensation Insurance Fund
References
4
Case No. MISSING
Regular Panel Decision

Claim of Boni-Phillips v. Oliver

The case involves an appeal from the Workers’ Compensation Board's decision to award death benefits to a claimant whose husband died from cardiac arrest at work. The Board initially found a presumption of compensability under Workers’ Compensation Law § 21 (1) due to the unwitnessed death. However, the employer presented substantial evidence of the decedent's preexisting heart conditions, including high blood pressure, high cholesterol, and coronary artery disease, which a medical expert opined were the cause of death. This evidence rebutted the presumption, shifting the burden to the claimant to prove a causal relationship. The court reversed the Board's decision, which incorrectly relied on the presumption, and remitted the matter for a determination on whether the claimant could establish that work activities contributed to the heart attack.

Workers' Compensation Death BenefitsCausal RelationshipPresumption of CompensabilityUnwitnessed DeathPreexisting ConditionCoronary Artery DiseaseMedical Expert TestimonyBurden of ProofAppellate ReviewRemand to Board
References
6
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