on rehearing) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) CYNTHIA JACKSON et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION et al. , Respondents. II Procedure Cynthia Jackson, as the guardian ad litem for Barryn Davis, Jr. , filed an application for adjudication of claim asserting that Davis, Sr. 's heart attack arose out of and in the course of his employment. In those proceedings, Jackson invoked the presumption contained in Labor Code section 3212. 2, which provides in relevant part: "In the case of officers and employees in the Department of Corrections having custodial duties, . The WCAB concluded that the medical evidence that the cause of death was "the non-industrial viral infection that led to the development of the myocarditis" constituted sufficient evidence "to rebut the presumption of industrial causation. "Jackson filed a petition for a writ and we issued a writ of review.

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