State Of California, Legally Uninsured, Robert Havay, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA ROBERTHAVAY,Applicant,vs.STATE OF CALIFORNIA, Legally Uninsured,Defendant.Case No. ADJ9507607(Fresno District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings of Fact, Award and Order of September 14, 2017, wherein it was found that, while employed as a correctional sergeant during a cumulative period ending on March 28, 2013, applicant sustained industrial injury to his heart and pulmonary system, causing permanent disability of 19% and the need for’ further medical treatment. In finding industrial injury to the heart, the WCJ found that ‘The L.C. 3212 presumption does apply to the claim of injury to the heart…” Defendant contends that the WCJ erred in finding industrial injury to the heart, arguing that any presumption of industrial injury was rebutted by the reporting of agreed medical evaluator internist Samuel L. Sobol, M.D. Defendant also contends that the WCJ erred in finding any pulmonary permanent disability, arguing that Dr. Sobol did not properly rebut the standard. AMA Guides rating. Defendant appears to argue that a proper application of the AMA Guides would have found no compensable permanent disability. We have received an answer from the applicant, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). Defendant has requested that we consider its supplemental brief in response to the WCJ’s Report and the applicant’s Answer. Pursuant to Appeals Board Rule 10848 (Cal. Code Regs, tit. 8, § 10848), we accept this supplemental brief for filing, and we have considered its contents. Although we find no error with regard to the issue of pulmonary permanent disability, we will , grant reconsideration, rescind the WCJ’s
