City Of Brentwood, Permissibly Self-Insured George Johnson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGEORGE JOHNSON, Applicant,vs. CITY OF BRENTWOOD, Permissibly Self-Insured, Defendant(s).Case No. SFO 0478857OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration1 of the October 12, 2007 Findings and Award issued by the Workers’ Compensation Administrative Law Judge (WCJ) wherein the WCJ found, based on the parties’ prior stipulations, that applicant, while employed as a police officer during a cumulative trauma period ending January 13, 2004 (SFO 0478857), sustained industrial injury in the form of a hernia causing need for further medical treatment but causing no permanent disability. The WCJ further found that applicant, sustained industrial injury “to his heart in the form of diabetes” causing 10% permanent disability and need for further medical treatment. Defendant contends that the WCJ erred in finding that applicant sustained injury to his heart in the form of diabetes. Defendant argues that diabetes does not constitute heart trouble and, thus, the presumption of compensability pursuant to Labor Code section 3212 does, not apply and that the medical opinions of Robert Blau, M.D., and Thomas Leonard, M.D., establish that diabetes is a non-industrial condition rebutting the section 3212 presumption. Alternatively, defendant contends that, if applicant if found to have sustained injury to his heart on an industrial basis, permanent disability should have been calculated using disability number 10.01.00.00 rather than_______________________________________[justify]1 [sub][size=1]Defendant’s Petition for Reconsideration also seeks reconsideration in SFO 478586 wherein the parties agreed to a Stipulated Award providing that applicant sustained industrial injury to his hands, fingers, and wrists while employed as a police officer during the cumulative trauma period endi
