Stephens

Petitioner James R. Stephens appeals from an order of respondent board denying reconsideration of findings of a referee (approved by the board) against petitioner. Petitioner, while employed at Folsom State Prison, suffered a condition of atherosclerosis which was disabling to some extent not determined. The basis of the order of the board was that petitioner’s condition was not work induced. That conclusion rested upon a medical opinion which petitioner argues did not constitute substantial evidence—as opposed to the opinion of a cardiologist to the contrary which did. Neither the parties, the referee, nor the board considered the possible application of a statutory presumption (Lab. Code, § 3212.2). We are of the1 view that the issue of compensability cannot be fairly (or legally) settled without considering the possibility of the application and effect of such presumption. Thus, we will annul the order and remand the matter for further proceedings.

The Facts

Petitioner began work at Folsom State Prison in 1946 and (with a three-year intermission during 1949-1951) was employed there until May 20, 1969. From 1951, and continuously thereafter for the rest of his…