David Rose — ADJ12857750

Firefighter David Rose claimed cumulative industrial injury in the forms of prostate cancer, sexual dysfunction, and hypertension while employed by the County of San Bernardino during a Labor Code section 5500.5 liability period (12/17/2018–12/17/2019), having previously worked for the City of San Bernardino. The WCJ found 79% permanent disability, applying section 4663 apportionment to the sexual dysfunction and hypertension disabilities. The County's Petition argued the last injurious exposure for prostate cancer predated County employment, while applicant's Petition argued the sexual dysfunction and hypertension disabilities were exempt from apportionment under section 4663(e) given the presumptive injuries under sections 3212.1 and 3212. The Board affirmed the WCJ's liability finding against the County, holding that QME Dr. Agatstein's opinion established injurious exposure during County employment. The Board amended the decision to defer permanent disability and attorney's fees, returning the matter for further development of the record on the section 4660.1(c)(1) sexual dysfunction issue and whether the hypertension with diastolic dysfunction qualifies as presumptive 'heart trouble' under Muznik.