Miller v. Workers' Compensation Appeals Board

Petitioner (applicant) seeks review of the decision of respondent Workers’ Compensation Appeals Board (Board) denying applicant’s petition to reopen for new and further disability.

*352 We annul the Board’s decision because the Board erred in determining applicant did not sustain new and further disability attributable to industrial injury.

Procedural and Factual Background

Applicant was employed as a firefighter by defendant County of Los Angeles from August 1956 through May 13, 1982.

During a routine medical examination on May 13, 1982, it was discovered applicant had left ventricular hypertrophy.

In June 1982 Dr. Swan concluded applicant should retire because he had relatively severe aortic valve disease; he had relatively severe branch stenoses in the left coronary system; the aortic valve needed replacement; and he might benefit from bypass surgery.

Dr. Gillis reported applicant’s defective aortic valve was congenital and malfunctioned solely as a result of nonindustrial factors; applicant had atherosclerosis that may have been industrially aggravated; and he is precluded from very heavy and emotionally stressful work.

Dr. Joseph, noting that applicant had a…