Nunez, Jose

Applicant Jose Nunez, a registered nurse at Calipatria State Prison, claimed a cumulative injury through January 29, 2020 to his heart and in the form of hypertension. The WCJ found defendant rebutted the Labor Code section 3212.2 heart presumption based on the PQME's report and ordered applicant take nothing. On reconsideration, the Board found the parties had only submitted the issue of rebuttal without first establishing that the presumption applied, and that the QME's report did not constitute substantial evidence because it lacked an adequate history of job stress and injected the QME's unsupported personal opinion about prison nursing stress. The Board rescinded the F&O and substituted a finding deferring the issue of whether the presumption applies, returning the matter to the trial level for further development of the record.