What the panel ordered
WCJ decision rescinded; new decision issued granting unapportioned 87% permanent disability award under LC 3212 heart trouble presumption
Petition for reconsideration of WCJ Findings and Award of August 23, 2021 granted
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.
Applicant is a fire chief whose principal duties were not clerical, thus entitled to the heart trouble presumption under LC 3212, making his heart disability not subject to apportionment under LC 4663(e).
From the decision · page 3Thus, the WCJ erred in finding that applicant did not come under the Labor Code section 3212 presumption. As a member of a city fire department whose principal duties were not clerical, applicant is entitled to the heart trouble presumption. Thus, pursuant to Labor Code section 4663(e), applicant is entitled to an unapportioned award. We thus grant reconsideration rescind the WCJ's decision, and issue a new decision reflecting that applicant is entitled to an unapportioned award of 87% permanent disability.1
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.