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Case Name Parish v. WCAB
Date 05/04/1989
Note a congenital disease is entitled to the presumption if there is an employment nexus.
Citation 210 Cal.App.3d 92
WCC Citation WCC 4151989 CA
HERBERT PARISH, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and COUNTY OF VENTURA, Respondents (Opinion by Abbe, J. , with Stone (S. The WCAB, based on the conflict in the medical evidence between Dr. Markovitz and Dr. Winsor, granted reconsideration and referred the matter to an independent medical examiner, Dr. Brotman. In its decision after reconsideration, the WCAB rescinded the WCJ's finding, and found applicant did not sustain industrial heart injury. Here, the WCAB, relying heavily on Dr. Brotman's opinion, conceded that the presumption of Labor Code section 3212. 5 was applicable, yet erroneously inferred applicant's symptoms must have resulted from surmised contemporaneous nonindustrial factors. The WCAB did not specify, and the record does not disclose, what '. . . contemporaneous nonwork-related event. . . ,' if any, was the sole cause of applicant's heart trouble.

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