Smith v. Workers' Compensation Appeals Board

In this review of a workers’ compensation decision we hold that heart disease “manifests itself’ when revealed by a medical examination of a deputy sheriff, giving rise to the presumption of Labor Code section 3212.5 1 that the disease arose out of and in the course of that employment.

Petitioner Darrell Smith seeks annulment of an order following reconsideration by respondent Workers’ Compensation Appeals Board (Board) which denies him a disability award. Smith has been a deputy sheriff of the County of Butte since 1971. Medical tests in 1987 disclosed that he had earlier suffered a heart attack. He sought a disability award invoking the presumption under section 3212.5 that heart trouble “which develops or manifests itself during a period while such . . . deputy sheriff ... [is so employed]” arises out of and in the course of such employment. The Board denied an award finding the presumption inapplicable. The Board reasoned the heart trouble did not develop or manifest itself during the employment because there was no way to tell whether the heart attack happened since Smith became a deputy sheriff. We will annul the order; regardless when Smith’s heart trouble…