John Davies — ADJ6996303

Applicant John Davies, a probation officer for the County of San Diego, sustained injury to multiple body parts including his heart/hypertension, resulting in a prior 34% permanent disability award (with stipulated apportionment) in 2010. He filed a timely petition to reopen for new and further disability, and the WCJ found 84% permanent disability with no apportionment to the heart/hypertension condition. Defendant sought reconsideration, arguing the award improperly undid the prior stipulated apportionment despite the section 3212.10 heart presumption and section 4663(e) non-attribution clause. The Board affirmed the WCJ's decision, holding that under the heart presumption and section 4663(e), the heart/hypertension disability is not subject to apportionment and cannot be parceled into separate awards. Defendant remains liable for the full unapportioned permanent disability derived from the heart condition but is entitled to credit for the prior award.