Richard Johnson (Dec'd) — ADJ9807875

Richard Johnson, a 314-pound tow truck driver, was found dead in his truck on August 7, 2014, after a workday that included moving a car with a forklift and placing dry-sweep on a 40-foot oil spill. The autopsy listed the cause of death as atherosclerotic and hypertensive heart disease, but PQME Dr. Grodon opined the decedent actually died of lone ventricular fibrillation, for which acute stress and physical exertion were risk factors, and that an industrial nexus existed if the fibrillation occurred within 20 minutes of his physical activities. The central dispute was whether the death arose out of employment (AOE/COE), since course of employment was undisputed. The WCJ found injury AOE/COE based on circumstantial evidence and reasonable inferences, discounting the employer president's speculative timeline estimates given six and a half years later that conflicted with the contemporaneous Coroner's Report. The WCAB adopted and incorporated the WCJ's Report and Opinion and denied defendant's Petition for Reconsideration, finding the factual determinations supported by substantial evidence.