Kaiser Foundation Hospitals v. Workers' Compensation Appeals Board

Otis Sparks, an applicant for workers’ compensation benefits, and Kaiser/Permanente, a lien claimant, seek review of an order of the Workers’ Compensation Appeals Board which denied their petitions for reconsideration. The matter arose as follows:

Otis Sparks was employed as a member of the California State Police from May 2, 1949, through January 31, 1972, at which time he retired, after almost 23 years of service. On May 17, 1973, over a year after his retirement, he suffered a heart attack. Sparks contended that he was entitled to the presumption that his heart trouble arose out of and in the course of his employment pursuant to Labor Code section 3212.3, which became effective on March 7, 1973, two months before the date of his injury, and extended the benefit of the presumption to state police officers. The board refused to apply the presumption and resolved a conflict in the medical evidence in favor of the respondents. Kaiser/Permanente provided medical treatment to Sparks and seeks review in its own right; we ordered the matters consolidated.

In denying reconsideration, the board noted that Sparks had last worked January 31, 1972, and that at the time Labor Code…