Gilbert Ortiz — ADJ7143993

Police officer Gilbert Ortiz, formerly employed by the City of Fullerton, sought a finding that his viral cardiomyopathy and resulting stroke were industrially caused so as to support a service-connected disability retirement through CalPERS. The dispute centered on whether the disability arose out of and in the course of employment under Government Code § 20046, applying WCAB procedures pursuant to § 21166. An Independent Medical Evaluator, Dr. Paul Grodan, ultimately opined it was more probable than not that the applicant contracted the cardiotrophic virus through workplace exposure to the public, even though direct viral transmission could not be scientifically proven. The WCJ found this constituted substantial evidence of a 'real and measurable' connection between employment and disability, and the City filed a Petition for Reconsideration. The WCAB adopted the WCJ's report and denied reconsideration.