Tracie Keillor — ADJ8835024, ADJ8996815

Applicant Tracie Keillor, a Deputy Sheriff, suffered a stroke on February 13, 2013, and claimed it was industrially related. After protracted workers' compensation litigation involving the Labor Code 3212.5 heart presumption (which was ultimately rescinded and remanded), applicant prevailed in a parallel civil action alleging workplace harassment and retaliation that caused her stress and resulting stroke. The WCJ found the County of Sacramento collaterally estopped from asserting the stroke was not industrially related, and defendant sought reconsideration. The WCAB denied reconsideration, holding all five elements of collateral estoppel were satisfied as to whether the stroke was industrially caused by stress. However, the Board clarified that collateral estoppel does NOT extend to the specific mechanism of injury (atrial fibrillation/heart trouble), because the civil jury instruction omitted the requirement to follow expert testimony, so it could not be inferred the jury adopted the cardiac mechanism.