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Ysidro Anaya — ADJ12932864

YSIDRO ANAYA, Applicant vs. STATE OF CALIFORNIA, Legally Uninsured, Defendant

ADJ number: ADJ12932864
Decision date: Jun 23, 2022
District office: San Bernardino District Office
WCJ: —
Claim administrator: State Compensation Insurance Fund (administering claims for the State of California, legally uninsured)
Commissioners: —

Injury / body parts: heart, hypertension, cardiovascular system (hypertensive heart disease and valvular heart disease)

LC §3212.2LC §4663LC §4663(e)

Summary

Ysidro Anaya, a correctional officer employed by the State of California (legally uninsured), sustained a cumulative industrial injury to his heart and in the form of hypertension ending June 6, 2017. The WCJ originally found 29% permanent disability after apportionment, declining to apply the Labor Code section 3212.2 heart trouble presumption because applicant had not filed his claim during service or within 18 months thereafter. The Board granted reconsideration, holding that the time limits in section 3212.2 govern when heart trouble must develop or manifest—not when an applicant files suit. Because QME internist Dr. Stanley Machjer testified the heart trouble developed during applicant's service beginning in 2012, the presumption applied, and pursuant to section 4663(e) the disability was exempt from apportionment. The Board amended the award to an unapportioned 54% permanent disability (51% hypertensive heart disease combined with 7% valvular heart disease).

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.