Joseph Hernandez — ADJ11604315

Joseph Hernandez, a corrections officer at Pleasant Valley State Prison, filed a cumulative trauma claim for heart injury (left ventricular hypertrophy) over a period of employment from July 1, 2000, through October 15, 2018. After an initial F&A favoring the defendant was rescinded on applicant's reconsideration, a second trial produced an F&A favoring applicant on December 29, 2022, finding the Labor Code section 3212/3212.2 heart trouble presumption was triggered and not rebutted. The dispute centered on the PQME's opinion that applicant had pre-existing hypertension, which was based on a non-existent Kaiser medical record dated February 10, 2018, and faulty date calculations. The WCJ found the PQME's rebuttal opinion was not substantial medical evidence because it rested on a phantom record and unsupported inference, and that hypertension alone is not 'heart trouble.' The WCAB adopted the WCJ's Report and denied defendant's Petition for Reconsideration.