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California WCABPanel decision

ADJ16999983 · December 16, 2024

Petition for Reconsideration denied by the Appeals Board on December 16, 2024.

Issues decided: 1
Medical opinions weighed: 1
Authorities named: 1
District office: Sacramento

What the panel ordered

Petition for Reconsideration denied by the Appeals Board on December 16, 2024.

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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.

AOE/COEApplicant prevailedheart · internal organs · stroke

The WCJ and Appeals Board found that applicant sustained heart trouble manifesting during employment, triggering the presumption of industrial causation under Labor Code sections 3212.2 and 3212.10, which defendant failed to rebut.

From the decision · page 2On September 25, 2024, the WCJ issued his decision, determining in relevant part that applicant sustained a cumulative injury in case no. ADJ16999983 from January 1, 2018 to August 18, 2022, but did not sustain a specific industrial injury in case no. ADJ17107739 on August 18, 2022. (Finding of Fact No. 2.) The WCJ determined that applicant sustained injury in the form of hypertension with heart problems, stroke, and damage to internal organs, resulting in permanent and total disability. The WCJ's Opinion on Decision explained that the medical reporting of QME Dr. Nacouzi supported the attachment of the presumptions of causation found in Labor Code1 sections 3212.2 and 3212.10, and that defendant had not overcome those presumptions.

The facts that decided it

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ADJ16999983 — California WCAB decision · SimilarCase

Applicant sustained heart trouble manifesting during employment as a correctional officer.

Favours Applicant prevailed

This fact triggered the presumption of industrial causation under Labor Code sections 3212.2 and 3212.10, which defendant failed to rebut.

From the decision · page 2On September 25, 2024, the WCJ issued his decision, determining in relevant part that applicant sustained a cumulative injury in case no. ADJ16999983 from January 1, 2018 to August 18, 2022, but did not sustain a specific industrial injury in case no. ADJ17107739 on August 18, 2022. (Finding of Fact No. 2.) The WCJ determined that applicant sustained injury in the form of hypertension with heart problems, stroke, and damage to internal organs, resulting in permanent and total disability. The WCJ's Opinion on Decision explained that the medical reporting of QME Dr. Nacouzi supported the attachment of the presumptions of causation found in Labor Code1 sections 3212.2 and 3212.10, and that defendant had not overcome those presumptions.

Echocardiogram findings showed mild left ventricular hypertrophy, supporting the diagnosis of heart trouble.

Favours Applicant prevailed

These objective test results formed the basis of the QME's medical opinion and supported the presumption of industrial causation.

From the decision · page 5We agree. The reporting and deposition testimony of Dr. Nacouzi establishes that applicant's echocardiogram study results were a reasonable basis upon which the QME could reach the reasoned and carefully explicated opinion that applicant had suffered "heart trouble" within the meaning of sections 3212.2 and 3212.10. The QME has offered extensive testimony regarding his analysis of the echocardiogram testing, as summarized in the following deposition excerpt:

Defendant did not provide evidence to rebut the presumption of compensability.

Favours Applicant prevailed

Without rebuttal, the presumption of industrial causation stood, entitling applicant to permanent and total disability benefits.

From the decision · page 7We therefore conclude that because applicant sustained "heart trouble" developing or manifesting during applicant's service as a corrections officer, his injury is presumed to have arisen out of and in the course of employment. (Lab. Code, § 3202.2; 3202.10.) Following our independent review of the record occasioned by defendant's Petition, we agree with the WCJ that the defendant has not rebutted the presumption of compensability, and that applicant is therefore entitled to an unapportioned award of permanent and total disability. (Lab. Code, § 4663(e).) We will deny reconsideration, accordingly.