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JACKSON v. W.C.A.B.

No. C049041.

35 Cal.Rptr.3d 256 (2005)

133 Cal.App.4th 965

Cynthia JACKSON et al., Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD, State of California, Department of Corrections and Rehabilitation et al., Respondents.

Court of Appeals of California, Third District.

October 27, 2005.

Attorney(s) appearing for the Case

Mastagni, Holstedt, Amick, Miller, Johnsen & Uhrhammer and Deborah A. Whitcomb for Petitioners.

Robert W. Daneri, Suzanne Ah-Tye, San Francisco, and Alan R. Canfield, for Respondents State of California, Department of Corrections and Rehabilitation, and State Compensation Insurance Fund.

No appearance for Respondent Workers' Compensation Appeals Board.

OPINION ON REHEARING

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...

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