not suffer an industrial injury.
determined that there was no
statutory presumption for injury
and the medical evidence did not
establish industrial injury. The
Workers' Compensation Appeals
Board (WCAB) upheld the WCJ
on Petition For Reconsideration.
WCAB reasoning. The applicant
was not a state employee falling
within the presumption, but
worked for a city entity. If the
legislature wished to include his
position within the statute the
legislature would have done so.
applicant must prove a causal
connection between his job and
his disease. The court indicated
that the applicant medical was
states conclusions without stating
how the medical condition had a
connection to the job. The WCAB
has the right to rely on one
opinion. In this case it was the
defense doctor's opinion.
WCAB to further develop the
record. To develop the record they
intimate that the new medical
evidence would have to be
unavailable or discoverable at the
time of the close of discovery.
This was not the case here.
case is one of the few
clear victories for
defendants before the
WCAB
officer for a correctional facility
from 1991 to 2001. The applicant
filed a workers' compensation
claim alleging injury to his
cardiovascular and respiratory
systems, psyche, hypertension
and an aggravation of his
diabetes.
injury compensable. The
defendant obtained a medical
Valenzuela and Brown
Address: 18500 Von Karman #470
Irvine, Ca 92612
Email: hbrown@sgvblaw.com
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