Jose Reyes

Jose Reyes, a plasterer, fell approximately 53 feet from a scaffold on May 22, 2000, after suffering a non-industrial (idiopathic) seizure. The WCJ found no industrial injury, reasoning that under amended Labor Code section 4663 (SB 899) apportionment was required and applicant's condition was caused by his pre-existing seizure disorder. The WCAB, on reconsideration, held that the SB 899 amendments to sections 4663 and 4664 concern apportionment of permanent disability and do not affect the determination of whether an injury arises out of and occurs in the course of employment under sections 3600 and 3208.3. Applying Gideon, the Board held that although the idiopathic seizure caused the fall, the injuries sustained from striking the scaffold, wall, and ground were compensable because they occurred at work and the employment was a contributory cause. The Board rescinded the WCJ's finding, substituted a finding of industrial injury, and remanded for determination of benefits.