City And County Of San Francisco, Permissibly Self-Insured Ernest Smith (Deceased) Yolanda Smith (Applicant) WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERNEST SMITH (Deceased) YOLANDA SMITH (Applicant), Applicant,vs.CITY AND COUNTY OF SAN FRANCISCO, Permissibly Self-Insured, Defendant(s).Case Nos. ADJ2335090 (SFO 0510716)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. , For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________JAMES C. CUNEOI CONCUR,_______________________________________DEIDRA E. LOWE_______________________________________FRANK M.BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIAOCT 07 2010SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:YOLANDA SMITHSF CITYATTORNEYJONES CLIFFORDebc , Ernest SmithReport on ReconsiderationPage 3testify, would state her son, Smith, experienced a fast beating heart rate, dizziness and headacheswhen he was tired or when he forgot to take his high blood pressure medication.The parties stipulated Smith was driving home from work and was not in the course andscope of employment when he was involved in a motor vehicle accident.The heart presumption was found to be applicable and found to be a proximate cause ofthe death based on the following:Applicant asserts the Labor Code section 3212.5 heart presumptionapplies in this case and therefore, unless controverted, injury arisingout of and occurring in the course of employment is presumed andthat the evidence suggested he suffered heart trouble whic
