QMERelied upon · cardiology
Dr. Green opined that the applicant's Coronary Artery Disease (CAD) was industrial, but the Hypertensive Heart Disease (LVH) was non-industrial and due to renal failure. He found the hypertension pre-existed employment and caused kidney failure, which then caused the LVH unrelated to job duties. Dr. Green's opinion rebutted the presumption of industrial causation under Labor Code section 3212.2 for LVH.
Dr. Green's detailed medical reports and deposition testimony provided substantial evidence that the LVH was caused by pre-existing hypertension and kidney failure, not by employment stressors, thus rebutting the presumption of industrial causation.
From the decision · page 3STATEMENT OF FACTS
The Applicant began employment as a correctional officer with the
Department of Corrections in September 2008. Dr. Green, the panel QME, noted
the applicant first manifested left ventricular hypertrophy (hereafter LVH) in 2012.
The Applicant underwent a kidney transplant in June 2012. While responding to an
alarm at work on May 22, 2018 the Applicant suffered a heart attack. Dr. Green
found the Applicant suffered from both Coronary Artery Disease (CAD) and
Hypertensive Heart Disease (LVH). Dr. Green opined the CAD was industrial
while he found the LVH was non-industrial and was due to renal failure. The matter
proceeded to trial and was submitted on July 13, 2020. Submission was vacated on
September 9, 2020 to develop the medical record. The matter proceeded to hearing
again, on June 14, 2021 at which time the case was submitted. A Findings and
Award, which found the Applicant sustained Hypertensive Heart Disease (LVH)
on a non-industrial basis, issued on August 6, 2021. It is from the Findings and
Award that Applicant now seeks reconsideration.