trouble did not rise out of and in
the course of employment. The
employer must show a
contemporaneous
nonwork-related event to show it
is non industrial.
the same time as the heart trouble
developed or manifested itself.
Concluding that there is no
medical evidence is not sufficient
for overcoming the presumption.
sudden death.
raised. The applicant's reporting
physician indicated that the
death resulted from a heart
problem that resulted from the
respiratory illness. The
defendant's medical indicated
there was no medical basis for
linking the death to the
applicant's employment.
was industrial related because the
defendant's medical did not
overcome the presumption. The
Workers' Compensation Appeals
Board (WCAB), on petition for
reconsideration, reversed the
WCJ stating the injury was
non-industrial.
presumption is one affecting the
burden of proof and is rebuttable.
non-published opinion
even though it is a non
published decision. This
opinion reviews the relevant
law under Labor Code section
3212.2 dealing with the heart
presumption.
Department of Corrections.
During the Thanksgiving
holiday the applicant developed
an upper respiratory infection.
The applicant then developed
bronchitis which spread to his
heart. The virus caused a viral
Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von Karman
#470, Irvine Phone: 949
252-1300
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