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| Case Name | California Horse Racing Board v. WCAB and Snezek | |
|---|---|---|
| Date | 07/31/2007 | |
| Note | Qualifying as a peace officer is not enough. To be entitled to the heart trouble presumption, the member must also fit the job description and be employed by one of the law enforcement agencies specified in the earlier portions of section 3212.5, Labor Code. | |
| Citation | 153 Cal. App. 4th 1169 | |
| WCC Citation | WCC 32412007 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- CALIFORNIA HORSE RACING BOARD et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and MARTIN SNEZEK, Respondents. C053595 (WCAB No. SAC335207) The California Horse Racing Board (CHRB) and the State Compensation Insurance Fund (the Fund) (collectively petitioners) have petitioned for a writ of review from an order of the Workers' Compensation Appeals Board (WCAB) upholding a decision by which real party in interest Martin Snezek was awarded work-related disability benefits for a heart attack. He also opined that Snezek had a 29 percent overall impairment of his heart and would need life-long treatment. The Fund and the CHRB filed a petition for reconsideration, contending that Snezek was not covered by the statutory heart trouble presumption. Filed 7/31/07 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- CALIFORNIA HORSE RACING BOARD et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and MARTIN SNEZEK, Respondents.
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