After considering this history, the WCAB here concluded that section 4663(e) was in effect as of the effective date of section 4663. Petitioner, Department of Corrections and Rehabilitation (the Department), contends that the WCAB erred and section 4663(e) applies only prospectively from the date of its enactment. On September 25, 2007, Judge Robinson recommended in writing that the WCAB deny the petition. On October 4, 2007, WCAB Presiding Judge Cuneo issued an order and decision denying reconsideration and incorporating Judge Robinson's report and recommendation. Section 3212. 2, which applies to custodial, supervisory, and security officers and employees of the Department of Corrections and Rehabilitation, the Department of Youth Authority, and Atascadero State Hospital, covers heart trouble.

Download full case here.