CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a decision finding a deceased deputy sheriff's death to be industrially related due to a heart presumption under Labor Code section 3212.5. Despite the deceased being involved in a non-work-related car accident, the court found the heart presumption applicable, deeming his hypertension a contributing factor to his death. The defendants' arguments regarding the "going and coming rule" and lack of substantial evidence were rejected. The Board affirmed that the presumption, along with medical evidence of hypertensive heart disease hastening death, established the injury arose out of and occurred in the course of employment.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a decision finding a deceased deputy sheriff's death to be industrially related due to a heart presumption under Labor Code section 3212.5. Despite the deceased being involved in a non-work-related car accident, the court found the heart presumption applicable, deeming his hypertension a contributing factor to his death. The defendants' arguments regarding the "going and coming rule" and lack of substantial evidence were rejected. The Board affirmed that the presumption, along with medical evidence of hypertensive heart disease hastening death, established the injury arose out of and occurred in the course of employment.
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