County of Fresno ansd Oscar Carter WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOscar Carter ,Applicant,vs.COUNTY OF FRESNO and YORKINSURANCE SERVICES GROUP,,, Defendants.Case No. ADJ2046824 (FRE 0248514)OPINION AND ORDERGRANTING PETITION FORRECONSIDERATION AND DECISION AFTERRECONSIDERATION Defendant seeks reconsideration of the Amended Findings and Award issued on August 3,2010, wherein the workers’ compensation administrative law judge (WCJ) found that applicant,while employed as a deputy sheriff by defendant during a cumulative period ending November 14, 2007, sustained an injury arising out of and occurring in the course of his employment in the form of industrial hypertension resulting in stroke and hypertensive heart disease. Applicant wasawarded a period of temporary disability payable under Labor Code section 4850 as well asmedical treatment to cure or relieve the effects of the injury . Defendant contends in substance that the WCJ erred in finding that applicant met hisburden of proof of the manifestation of heart trouble by a preponderance of evidence sufficient to require application of the presumption of industrial injury under Labor Code section ‘3212. In thisregard, defendant argues that the medical reports upon which the WCJ relied in finding anindustrial injury were not substantial evidence. We have received a Report and Recommendation (Report) from the WCJ. We have alsoreceived an answer from applicant. Based on our review of the record, and for the reasons discussed below, we are persuaded by the WCJ’s recommendation that the record requires further development. Accordingly, we will , grant reconsideration; rescind the Amended Findings and Award; and return this matter to the triallevel for further proceedings and decision by the WCJ.Relevant Facts Applicant, born January 6, 1962, while employed as a deputy sheriff during the cumulativeperiod ending November 14, 2007, claimed to have, sustained an industrial injury in the form of str
Oscar Carter vs. County Of Fresno Ansd
(FRE 0248514) is a case in which the County of Fresno and Oscar Carter were involved. Oscar Carter, a deputy sheriff, claimed to have sustained an industrial injury in the form of stroke, heart and hypertension as the result of work stress. The Workers' Compensation Appeals Board granted the petition for reconsideration, rescinded the Amended Findings and Award, and returned the matter to the trial level for further proceedings and decision by the WCJ. The WCJ's Order Rescinding Decision, Vacating Submission and Setting Further Proceedings was found to be untimely, but the Board was persuaded by the WCJ's recommendation that the record required further development.
- Filed On:
- Court: California, Fresno
- Case No. ADJ2046824
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.