Home/Case Law/JOE TUCKER vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

JOE TUCKER vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

Filed: May 02, 2016
Fresno
ADJ7426008

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration filed by the Department of Corrections and Rehabilitation. The WCAB adopted the reasoning of the administrative law judge (WCJ), which found that Joe Tucker, a Plumber II at Corcoran State Prison, was entitled to the heart presumption under Labor Code § 3212.2. The WCJ determined that Tucker's duties supervising inmate work crews, which involved daily threats and exposure to dangerous conditions, constituted "custodial duties" within the meaning of the statute. The WCAB specifically excluded certain paragraphs from the WCJ's report from incorporation in its order.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied the petition for reconsideration filed by the Department of Corrections and Rehabilitation. The WCAB adopted the reasoning of the administrative law judge (WCJ), which found that Joe Tucker, a Plumber II at Corcoran State Prison, was entitled to the heart presumption under Labor Code § 3212.2. The WCJ determined that Tucker's duties supervising inmate work crews, which involved daily threats and exposure to dangerous conditions, constituted "custodial duties" within the meaning of the statute. The WCAB specifically excluded certain paragraphs from the WCJ's report from incorporation in its order.

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