Hart

Petitioner filed a workers’ compensation claim for disability resulting from a cerebrovascular accident suffered while employed as a deputy sheriff by the County of Orange. On the basis of the medical evidence and the presumption in Labor Code section 3212, the workers’ compensation judge found that the injury arose out of and in the course of employment and made an award for 100 percent permanent disability without apportionment. On respondents’ petition for reconsideration, the board held that the statutory presumption was inapplicable and modified the award by apportioning 40 percent of the disability to the employment and 60 percent to nonindustrial causes. Petitioner seeks review and annulment of the board’s decision.

At the time he suffered the stroke, petitioner was 42 years of age and had been employed as a deputy sheriff for 17 years. He worked from 8 to 10 hours per day and was on 24-hour call every day of the week. His duties required him to deal with many stressful situations, including making arrests and interceding in family disputes. Following a week’s vacation with his family, petitioner was preparing to report to work when he began experiencing numbness…