Larry Tucker — ADJ11237611

Applicant Larry Tucker, a Correctional Officer employed from 1990 until his retirement on February 23, 2010, claimed an industrial heart injury during a continuous trauma period ending March 1, 2018. The WCJ found applicant entitled to the heart presumption under Labor Code section 3212.2, which barred apportionment, resulting in a 69% permanent disability award. Defendant CDCR/Substance Abuse Treatment Facility, Corcoran petitioned for reconsideration, arguing applicant's heart trouble did not manifest or develop within 5 years of his last day worked, and that the defendant was misnamed in the caption. The WCAB adopted the WCJ's Report and Opinion, finding PQME Dr. Levy's deposition testimony established the heart trouble developed during applicant's employment within the statutory window, and granted reconsideration solely to correctly identify the defendant, otherwise affirming the award.