Hodges, Aaron

Aaron Hodges, a correctional officer for the California Department of Corrections (legally uninsured, adjusted by State Compensation Insurance Fund), claimed cumulative trauma resulting in hypertensive heart disease over a period from November 8, 2004 to July 1, 2022. The parties stipulated in the PTCS to injury AOE/COE for hypertensive heart disease, but at trial defendant indicated its authority to stipulate had been withdrawn. The WCJ found injury AOE/COE, applied the heart presumption under Labor Code section 3212.2, relied on the reports of PQME Dr. Harvey Alpern as substantial medical evidence, and awarded 51% permanent disability. Defendant sought reconsideration arguing the stipulation should be set aside and that Dr. Alpern's reporting was contradictory and required a cardiac MRI clarification. The Appeals Board granted reconsideration solely to correct a clerical error in the dollar value of the award (from $80,892.50 to $80,982.50 and attorney's fee from $12,133.88 to $12,147.38) but otherwise affirmed the F&A.