What the panel ordered
Petition for Reconsideration denied by WCAB panel.
Petition for Reconsideration filed by defendant City of Fullerton challenging WCJ's determination that applicant's disability retirement from CalPERS is industrially caused; WCJ report adopted by WCAB panel denying reconsideration.
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 WCJ and WCAB panel found substantial evidence that the applicant's cardiomyopathy disability was industrially caused by his employment as a police officer, based on the medical opinion of Dr. Grodan and applicant's testimony about exposure to viral agents at work, meeting the 'real and measurable' connection standard under Government Code Section 20046.
From the decision · page 3This matter was submitted for determination of the Petition For Findings of Fact pursuant to Government Code Sections 211661 and 21537 filed by applicant. The petition was opposed by the City of Fullerton which asserted that the Petitioner's disability retirement from the California Public Employees Retirement System ("CalPERS") is not industrial within the meaning of Government Code Section 20046. The applicant was evaluated by Dr. Paul Grodan, an Independent Medical Evaluator assigned by this Judge. Upon review and analysis of his report, in conjunction with the relevant case law, it was determined that the applicant's condition was industrially caused within the definition of the above noted Government Code sections. It is from this determination that the defendant is aggrieved and has filed a timely and verified Petition for Reconsideration.