CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ7284210
Regular
Apr 18, 2012

Kevin Kennedy vs. CITY OF OAKLAND, JT2 INTEGRATED OAKLAND

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.

Labor Code section 3212anti-attribution clauserebuttable presumptionindustrial injurycongenital heart conditionfirefightercerebrovascular systempatent foramen ovaleAgreed Medical Examiner (AME)non-industrial causation
References
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. ADJ10343521
Regular
Jan 03, 2019

JESUS LOPEZ vs. CITY OF COMPTON

This case involves a firefighter's claim for workers' compensation benefits for heart trouble. The applicant, Jesus Lopez, was found to have sustained 54% permanent disability due to an industrial injury to his heart on December 17, 2015. The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision, relying on Labor Code section 3212, which presumes heart trouble in firefighters arises out of employment. The defendant, City of Compton, argued that the presumption was rebutted by evidence of non-industrial events and that the Qualified Medical Evaluator's opinion was not substantial medical evidence. However, the WCAB found that the defendant failed to provide substantial medical evidence to rebut the presumption, particularly in light of the anti-attribution clause in Labor Code section 3212.

Labor Code section 3212presumption of industrial causationheart troublefirefighter paramedicQualified Medical EvaluatorQMEsubstantial medical evidencedue processrebut the presumptionanti-attribution clause
References
Case No. ADJ2246339 (VNO 0451694), ADJ4352653 (VNO 0487138), ADJ2131157 (VNO 0451693)
Regular
May 06, 2010

JOE DELIA vs. COUNTY OF LOS ANGELES/SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case involved a deputy sheriff who sustained multiple industrial injuries, including to his spine, hands, cardiovascular system, and auditory system. The defendant sought reconsideration of a joint award for 99% permanent disability, arguing for separate awards and apportionment. The Appeals Board denied reconsideration, affirming the WCJ's decision. The Board found that the "anti-attribution" statutes precluded apportionment for spinal, cardiovascular, and hernia injuries, and the defendant failed to prove overlap with a prior award, thus justifying a single joint award.

WCABJoint Findings of Fact and Awardreconsiderationpermanent disabilityapportionmentLabor Code § 4664Benson v. Permanente Medical Groupanti-attributionLabor Code § 3212Labor Code § 3212.3
References
Case No. ADJ6996303
Regular
Mar 23, 2023

JOHN DAVIES vs. COUNTY OF SAN DIEGO PROBATION DEPT., COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board affirmed a prior award of 84% permanent disability for a Probation Officer with heart/hypertension and hip injuries. The Board found that Labor Code section 3212.10's heart presumption and section 4663(e)'s non-attribution clause prohibit apportionment of the applicant's new and further disability. The defendant's contention that prior stipulations required apportionment was rejected, citing precedent that such presumptions take precedence. The Board clarified that the 84% represents the applicant's total permanent disability, not solely the new and further disability.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardPetition for ReconsiderationPermanent DisabilityApportionmentHeart PresumptionLabor Code Section 3212.10Non-Attribution ClauseLabor Code Section 4663(e)
References
Case No. ADJ7672393
Regular
Mar 07, 2013

MAURICE WILLIAMS vs. JACKSONVILLE JAGUARS, USF&G, ACE INSURANCE

This case concerns Maurice Williams, a former professional football player for the Jacksonville Jaguars, who sought workers' compensation benefits in California for a cumulative injury sustained between 2001 and 2009. While a portion of his employment exposed him to California, his contracts from 2007-2011 contained a mandatory forum selection clause requiring all injury claims to be resolved in Florida under Florida law. The Board affirmed the trial judge's decision to decline jurisdiction, finding the forum selection clause to be reasonable and binding for the latter portion of the cumulative injury period. Enforcement of the clause was not deemed unreasonable or unjust, and the applicant failed to demonstrate why California jurisdiction should be exercised despite the contractual agreement.

Workers' Compensation Appeals BoardJacksonville JaguarsUSF&GACE INSURANCEOpinion and Decision After Reconsiderationindustrial injuryorthopedic body partscumulative injurysubject matter jurisdictionforum selection clause
References
Case No. AD10634736
Regular
Nov 16, 2019

ORACIO CARRANZA vs. COUNTY OF IMPERIAL

This case concerns a deputy probation officer's claim for industrial heart injury. Initially, the administrative law judge (WCJ) found the applicant's claim rebutted the presumption of industrial injury. Both applicant and defendant sought reconsideration, with the defendant arguing the presumption didn't apply and the applicant asserting it was improperly rebutted. The Appeals Board denied both petitions, affirming the applicant is covered by the presumption under Labor Code section 3212.10, but agreeing the presumption was rebutted by independent medical evidence pointing to non-industrial causes.

Workers' Compensation Appeals BoardLabor Code section 3212.10peace officer presumptionheart troubleindustrial injurydeputy probation officerindependent medical evaluatorpresumption rebuttalanti-attribution clausepreponderance of the evidence
References
Case No. ADJ9507607
Regular
Nov 14, 2017

ROBERT HAVAY vs. STATE OF CALIFORNIA, Legally Uninsured

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award, returning the case for further proceedings regarding applicant's industrial heart injury. While the Board affirmed the finding of pulmonary permanent disability based on AMA Guides application, they found the WCJ erred in applying the heart injury presumption under Labor Code section 3212. The matter is remanded to allow analysis under Labor Code sections 3212.2 or 3212.10, and to determine if extreme physical or emotional industrial stress contributed to the applicant's permanent disability.

WCABRobert Havaycorrectional sergeantindustrial injuryheart injurypulmonary systempermanent disability3212 presumptionSamuel L. SobolM.D.
References
Case No. ADJ7730915
Regular
Sep 18, 2015

TODD PALOMBO vs. CITY OF COSTA MESA

This case involves a firefighter claiming industrial heart injury under Labor Code § 3212, which presumes such injuries are work-related unless rebutted. The defense argued pre-existing conditions and lifestyle choices caused the applicant's cardiac arrhythmia. However, the medical expert did not definitively state non-work-related factors were the *sole* cause of the heart trouble, failing to overcome the statutory presumption. Therefore, the Workers' Compensation Appeals Board affirmed the finding of industrial injury.

Labor Code section 3212firefighterheart troublepresumptionindustrial injurycirculatory systemcumulative periodPetition for ReconsiderationWCJagreed medical evaluator
References
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
Showing 1-10 of 184 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational