What the panel ordered
Petition for Reconsideration denied.
Defendant filed a timely petition for reconsideration of the WCJ decision issued July 8, 2021, which was denied by the WCAB panel on September 28, 2021.
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 found the presumption under Labor Code section 3212.5 applied because the decedent, a deputy sheriff, developed heart trouble during the statutory presumption period after retirement, and defendant failed to rebut the presumption with credible evidence, including discrediting Dr. Bower's reports as non-substantial.
From the decision · page 3Defendant has filed a timely, properly verified petition for reconsideration on recognized statutory grounds of a decision issued July 8, 2021. By that decision, the workers' compensation judge (WCJ) found that applicant (hereinafter "decedent") had sustained an injury to his heart which resulted in his death (AOE/COE). As such, decedent's injury was cardiovascular in nature subject to the presumption pursuant to Labor Code section 3212.5. Defendant contends the WCJ erred in that (1) by the order, decision or award the WCJ acted without or in excess of his powers and that (2) the evidence does not justify the Findings of Fact and (3) the Findings of Fact do not support the Order, Decision, or Award.