Kaley, Dawn

Applicant Dawn Kaley, a registered nurse, claimed an industrial heart injury arising from a COVID-19 vaccination required by her employer as a condition of employment after she contracted COVID-19. The PQME, Dr. Richard Levy, found that within reasonable medical probability the vaccine aggravated applicant's heart condition (mitral valve prolapse and ventricular ectopy), assigning 5% whole person impairment with apportionment, ultimately raising non-industrial apportionment to 50%. The WCJ awarded 5% permanent disability after apportionment with future medical care, and defendant sought reconsideration arguing Dr. Levy's reports were not substantial medical evidence because he had acknowledged the mitral valve prolapse was pre-existing and non-industrial. The Appeals Board denied reconsideration, finding Dr. Levy's reports constituted substantial medical evidence and that even a pre-existing condition can support an industrial injury when it is aggravated by work exposure. The Board also addressed the timeliness of its decision under amended Labor Code section 5909.