What the panel ordered
Denied Defendant's Petition for Reconsideration.
Defendant sought reconsideration of the Decision After Reconsideration of June 24, 2022, which amended the WCJ's Findings, Award and Order of March 29, 2022.
This docket was decided more than once. Shown here is the latest released decision; we also hold June 24, 2022.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board found that the applicant's heart trouble developed during his service, making the heart trouble presumption applicable and exempting the permanent disability from apportionment under Labor Code section 4663(e).
From the decision · page 1Defendant seeks reconsideration of our Decision After Reconsideration of June 24, 2022, wherein we found that while employed as a correctional officer during a cumulative period ending on June 6, 2017, applicant sustained industrial injury to his heart and in the form of hypertension causing permanent disability of 54%. In so finding, we amended a workers' compensation administrative law judge's (WCJ) Findings, Award and Order of March 29, 2022, wherein it was found that applicant's injury had caused permanent disability of 29% after Labor Code section 4663 apportionment of permanent disability.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant's heart trouble developed during his period of service as a correctional officer beginning in 2012.
Favours Applicant prevailed
This fact made the heart trouble presumption under Labor Code section 3212.2 applicable, exempting the permanent disability from apportionment under Labor Code section 4663(e).
From the decision · page 5As noted in our Opinion and Decision of June 24, 2022, qualified medical evaluator internist Stanley J. Machjer, M.D. testified that applicant's heart trouble developed during applicant's period of service beginning in 2012. (October 12, 2021 deposition at pp. 7-8.) Thus, applicant's heart trouble developed during applicant's service as a correctional officer and applicant is entitled to the Labor Code section presumption. Since applicant's injury is subject to the section 3212.2 heart trouble presumption, pursuant to Labor Code section 4663(e), applicant's permanent disability is exempt from section 4663 apportionment. The WCJ found that applicant sustained 51% hypertensive heart disease permanent disability and 7% valvular heart disease permanent disability prior to apportionment. (Opinion on Decision at p. 6.) These permanent disabilities combine to produce 54% permanent disability. (2005 Schedule at p. 8-3.)
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Testified that applicant's heart trouble developed during applicant's period of service beginning in 2012.
Supports applicability of the heart trouble presumption under Labor Code section 3212.2, which exempts permanent disability from apportionment under Labor Code section 4663(e).
From the decision · page 5As noted in our Opinion and Decision of June 24, 2022, qualified medical evaluator internist Stanley J. Machjer, M.D. testified that applicant's heart trouble developed during applicant's period of service beginning in 2012. (October 12, 2021 deposition at pp. 7-8.) Thus, applicant's heart trouble developed during applicant's service as a correctional officer and applicant is entitled to the Labor Code section presumption. Since applicant's injury is subject to the section 3212.2 heart trouble presumption, pursuant to Labor Code section 4663(e), applicant's permanent disability is exempt from section 4663 apportionment. The WCJ found that applicant sustained 51% hypertensive heart disease permanent disability and 7% valvular heart disease permanent disability prior to apportionment. (Opinion on Decision at p. 6.) These permanent disabilities combine to produce 54% permanent disability. (2005 Schedule at p. 8-3.)
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 3212.2
Labor Code section 3212.2 heart trouble presumption applies to heart trouble that "develops or manifests itself" during employment or statutory period after employment.
The Board found the presumption applicable because the applicant's heart trouble developed during his service, regardless of when it manifested.
From the decision · page 3Code section 3212.2 presumption applies to heart trouble that "develops or manifests itself" during
Labor Code section 4663(e)
Permanent disability is exempt from apportionment under Labor Code section 4663(e) if subject to the heart trouble presumption under Labor Code section 3212.2.
The Board applied this exemption because the applicant's heart trouble was subject to the section 3212.2 presumption.
From the decision · page 1Defendant seeks reconsideration of our Decision After Reconsideration of June 24, 2022, wherein we found that while employed as a correctional officer during a cumulative period ending on June 6, 2017, applicant sustained industrial injury to his heart and in the form of hypertension causing permanent disability of 54%. In so finding, we amended a workers' compensation administrative law judge's (WCJ) Findings, Award and Order of March 29, 2022, wherein it was found that applicant's injury had caused permanent disability of 29% after Labor Code section 4663 apportionment of permanent disability.
What proof carried it
The evidence the panel weighed, by kind.
Qualified medical evaluator Stanley J. Machjer, M.D. testified that applicant's heart trouble developed during applicant's period of service beginning in 2012.
From the decision · page 5As noted in our Opinion and Decision of June 24, 2022, qualified medical evaluator internist Stanley J. Machjer, M.D. testified that applicant's heart trouble developed during applicant's period of service beginning in 2012. (October 12, 2021 deposition at pp. 7-8.) Thus, applicant's heart trouble developed during applicant's service as a correctional officer and applicant is entitled to the Labor Code section presumption. Since applicant's injury is subject to the section 3212.2 heart trouble presumption, pursuant to Labor Code section 4663(e), applicant's permanent disability is exempt from section 4663 apportionment. The WCJ found that applicant sustained 51% hypertensive heart disease permanent disability and 7% valvular heart disease permanent disability prior to apportionment. (Opinion on Decision at p. 6.) These permanent disabilities combine to produce 54% permanent disability. (2005 Schedule at p. 8-3.)
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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