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

Case No. ADJ9065052
Regular
May 13, 2015

MARK SUAREZ vs. COUNTY OF SANTA BARBARA

This case involves applicant Mark Suarez, a deputy sheriff, who suffered a heart injury on February 4, 2013. Initially, the WCJ found the injury was due to a congenital condition and not work-related. However, the Appeals Board granted reconsideration, finding that Labor Code section 3212.5's "heart trouble" presumption for law enforcement officers applied. The Board determined that while medical evidence indicated a congenital cause, the statute's "anti-attribution" clause prevents rebutting the presumption solely based on a pre-existing condition without evidence of a contemporaneous non-work-related event. Consequently, the Board amended the prior order to find the injury industrially caused, remanding for further proceedings on benefits.

Labor Code section 3212.5heart trouble presumptiondeputy sheriffindustrial injurycongenital conditionaortic stenosisrebuttable presumptionanti-attribution clausenonwork-related eventMuznik
References
Case No. ADJ11428234
Regular
Oct 17, 2025

RAMON COLLADO vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, CENTINELA STATE PRISON

The Workers' Compensation Appeals Board granted reconsideration to study the factual and legal issues in Ramon Collado's case against the California Department of Corrections and Centinela State Prison. Collado sought reconsideration of a WCJ's Findings and Order from July 28, 2021, which concluded he failed to prove an industrially caused heart/hypertension injury between December 20, 2012, and August 14, 2018. The Board found the Qualified Medical Evaluator's opinion on whether Collado's condition was an aggravation or mere exacerbation of prior injuries was unclear and contradictory, failing to constitute substantial medical evidence. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including the development of the medical record and a determination on the applicability of Labor Code section 3212 presumptions.

Workers Compensation Appeals BoardRamon ColladoCalifornia Department of CorrectionsCentinela State PrisonState Compensation Insurance FundOpinion and Decision After ReconsiderationFindings and Orderworkers' compensation administrative law judgeindustrially caused injuryexacerbation
References
Case No. ADJ2046824
Regular
Jun 24, 2013

OSCAR CARTER vs. COUNTY OF FRESNO

The Appeals Board granted reconsideration to further develop the record regarding the applicant's 100% permanent total disability finding. While the heart trouble presumption for correctional officers was correctly applied, the medical evidence did not sufficiently establish "incurable mental incapacity" as required by Labor Code section 4662(d) for a conclusive presumption of total disability. The Board rescinded the original award and returned the case to the trial level for supplemental medical reporting on the applicant's mental capacity and consideration of formal rating instructions to ensure substantial justice.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardLabor Code section 4850Permanent Total DisabilitySubstantial Medical EvidenceLabor Code section 3212.2Heart Trouble PresumptionCorrectional OfficersRebuttal of Presumption
References
Case No. ADJ3255503 (SDO0362975)
Regular
Mar 15, 2010

JOHN KOSICH vs. COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) rescinded a previous award, returning the case to the trial level for further proceedings. The core issue is whether the applicant deputy sheriff's hypertension constitutes "heart trouble" for the purposes of a statutory presumption of industrial injury. The WCAB found the agreed medical evaluator's opinion regarding "heart trouble" unclear, as it did not definitively address the broad legal definition of the term. Therefore, the case requires further medical evaluation and deposition to clarify the applicant's cardiac condition in relation to the legal standard.

Workers' Compensation Appeals BoardDeputy SheriffHeart Trouble PresumptionLabor Code Section 3212.5Labor Code Section 4663(e)ApportionmentAgreed Medical EvaluatorDr. Daniel J. BresslerHypertensionGERD
References
Case No. SFO 0478857
Regular
Jan 04, 2008

GEORGE JOHNSON vs. CITY OF BRENTWOOD

The Appeals Board granted reconsideration to reverse the prior award finding industrial injury to the heart in the form of diabetes. The Board determined there was no substantial medical evidence that diabetes constituted "heart trouble" under Labor Code section 3212, as it is a risk factor, not a present cardiac condition. Consequently, the award of permanent disability and further medical treatment related to the heart was rescinded, while affirming other findings regarding a hernia.

Workers' Compensation Appeals BoardGeorge JohnsonCity of BrentwoodSFO 0478857Opinion and Order Granting ReconsiderationFindings and Awardcumulative traumapolice officerindustrial injuryhernia
References
Case No. ADJ10501478
Regular
Feb 20, 2018

MICHAEL SILVESTRI vs. COUNTY OF EL DORADO

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, affirming the finding that Michael Silvestri, a Deputy Sheriff, sustained an industrial heart injury under the Labor Code Section 3212.5 presumption. The Board found that premature ventricular contractions (PVCs) constitute "heart trouble" within the expansive meaning of the statute, even if asymptomatic or not ratably disabling. Defendant failed to rebut the presumption by proving a solely non-industrial cause for the condition.

Workers' Compensation Appeals BoardCounty of El DoradoMichael SilvestriYork Risk Services GroupADJ10501478Opinion and Order Denying Petition for ReconsiderationFindings of Factindustrial injuryheart trouble presumptionLabor Code sections 3212 and 3212.5
References
Case No. ADJ1097551 (FRE 0164588) ADJ1601956 (FRE 0216899)
Regular
Jun 05, 2009

RONNY HENRY vs. CITY OF CLOVIS, legally uninsured, administered by AIMS

This Workers' Compensation Appeals Board decision grants the defendant's petition for reconsideration, partially rescinding a previous award. The Board rescinded temporary total disability benefits for the period after the applicant's Public Employee Retirement System (PERS) disability retirement due to statutory limitations, returning this issue to the trial level for clarification. Additionally, the Board rescinded the finding of injury to the applicant's heart and cardiovascular system, as the medical evidence did not support such a finding despite the presumption of Labor Code section 3212.

Workers Compensation Appeals BoardCity of Clovislegally uninsuredAIMSpolice officerindustrial injuryright legboth feettemporary total disabilitypermanent disability
References
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