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.
Permanent disability ratingApplicant prevailedheart · hypertension
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.