Carter, Tommy

Tommy Carter, a retired correctional officer for CDCR/Corcoran State Prison, was diagnosed with hypertension in 2008-2009 and Left Ventricular Hypertrophy (LVH) in 2020. The WCJ awarded unapportioned permanent disability of 57 percent for the cardiac claim, applying the Labor Code section 3212.2 heart trouble presumption by reasoning that since hypertension contributes to LVH and applicant had hypertension during employment, LVH must have developed during employment. Defendant sought reconsideration, arguing the heart trouble did not manifest until 2020, beyond the period extended by the presumption. The Board granted reconsideration, finding the WCJ's conclusion was not supported by substantial medical evidence because PQME Dr. Verma never opined whether or when the hypertension actually developed into heart trouble during employment. The Board rescinded the F&A and remanded to develop the record on whether and when applicant developed heart trouble.