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Jeremy Simmons — ADJ11394208

JEREMY SIMMONS, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS REHABILITATION CENTER, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, adjusting agency, Defendants

ADJ number: ADJ11394208
Decision date: Oct 17, 2021
District office: San Bernardino
WCJ: Tracy L. Hughes
Claim administrator: State Compensation Insurance Fund / State Contract Services (adjusting agency for State of California, Department of Corrections, legally uninsured)
Commissioners: —

Injury / body parts: heart - Hypertensive Heart Disease (left ventricular hypertrophy), heart - Coronary Artery Disease

LC §3212.2LC §4663

Summary

Correctional officer Jeremy Simmons claimed industrial injury including Hypertensive Heart Disease (left ventricular hypertrophy/LVH) and Coronary Artery Disease (CAD) under the Labor Code section 3212.2 heart trouble presumption. The panel QME, Dr. Green, found the CAD industrial but opined the LVH was non-industrial, caused entirely by pre-existing hypertension and non-industrial kidney failure rather than work stressors. The WCJ found Dr. Green's opinion rebutted the 3212.2 presumption and issued a Findings and Award rating 28% PD attributable only to the CAD, declining to combine the LVH impairment. Applicant sought reconsideration arguing the LVH was industrial and the impairments should be added. The WCAB denied reconsideration, adopting and incorporating the WCJ's Report and Opinion on Decision.

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.