Legal Opinion

Jackson v. Workers' Compensation Appeals Board

California Court of Appeal

Decided October 27, 2005No. C049041Published

1Opinion of the Court

Opinion

ROBIE, J.

We conclude that the Workers’ Compensation Appeals Board (WCAB) erred in concluding that the evidence presented in this case rebutted the presumption in Labor Code section 3212.2 that the applicant’s heart trouble arose out of and in the course of his employment as a correctional officer for the Department of Corrections.

FACTUAL AND PROCEDURAL BACKGROUND

I

Facts

Barryn Davis, Sr., worked as a correctional officer with the Department of Corrections at Deuel Vocational Institution in Tracy, California, from 1986 to 1999. He was the guardian of Barryn Davis, Jr.

During the 1999…

2Cases cited6 opinions

  1. LeVesque v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1970
  2. Barajas v. Oren Realty & Development Co.California Court of Appeal · 1997
  3. Johnson v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 1985
  4. Reeves v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2000
  5. Geoghegan v. Retirement BoardCalifornia Court of Appeal · 1990

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