WCAB

California Horse Racing Board v. Workers' Compensation Appeals Board

Good Law
153 Cal. App. 4th 1169·64 Cal. Rptr. 3d 222
Court of Appeal of CaliforniaJuly 31, 2007C053595California2,730 words

Opinion

Opinion

Butz, J.

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. Petitioners contend that the WCAB erred in applying the “heart trouble presumption” set forth in Labor Code section 3212 to Snezek, who worked as a special investigator for the CHRB. Having granted a writ of review, we shall now vacate the WCAB’s decision.

FACTUAL AND PROCEDURAL BACKGROUND

Martin Snezek was employed by the CHRB as a senior special investigator. His duties primarily consisted of enforcing general laws as well as the CHRB’s rules and regulations at the California Exposition raceway. Snezek worked with a small team of officers to investigate violations and, in some cases, arrested or detained suspected criminals. He also occasionally participated in making arrests for such crimes as domestic violence, narcotics, assault with a deadly weapon, and theft crimes.

On December 14, 2003, Snezek suffered a heart…

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