Venegas, Elizabeth

Elizabeth Venegas, a correctional officer, claimed heart trouble (left ventricular hypertrophy) arising during her employment with CDCR-Calipatria State Prison from 2002-2020. The WCJ found that the Labor Code section 3212.10 presumption applied to make her heart trouble presumptively industrial, but held the cardiology QME Dr. Friedman's reports and deposition testimony did not constitute substantial evidence on whether the presumption had been rebutted, and ordered further development of the record. Both applicant and defendant sought reconsideration/removal of this interim order. The Board treated the petitions under the removal standard because the disputed issues were interlocutory (further development of the record). The Board denied both petitions, finding no substantial prejudice or irreparable harm, agreeing that Dr. Friedman conflated AOE/COE causation with apportionment of disability and failed to clearly address whether applicant's hypertension constituted 'heart trouble' under the presumption.