Ysidro Anaya — ADJ12932864

Ysidro Anaya, a correctional officer, sustained cumulative industrial injury to his heart and in the form of hypertension ending June 6, 2017. The WCJ initially found 29% permanent disability after Labor Code section 4663 apportionment, ruling the section 3212.2 heart trouble presumption inapplicable because applicant had not filed a claim during service or the statutory period. On reconsideration, the Board found apportionment inapplicable under section 4663(e) because the section 3212.2 presumption applied, raising PD to 54%. Defendant sought reconsideration arguing the heart trouble did not 'manifest itself' within the statutory period. The Board denied the petition, holding that the presumption applies if heart trouble either develops OR manifests during service or the statutory period, and the medical evidence showed development began in 2012 during applicant's service.