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Full texts of opinions, statutes and court decisions should be consulted and all citations and references fully researched by the reader.
The Annotations to Compensation Review Board Opinions are presented “as is” and the Commission makes no warranties as to the suitability of this information for any given purpose.
Please note also that Annotations change periodically due to several factors including, but not limited to, Appellate and Supreme Court decisions issued in workers’ compensation cases.
Fuessenich v. State/Dept. of Public Safety/State Police, 4416 CRB-1-01-7 (June 21, 2002).
Claimant passed pre-employment physical without any mention of hypertension in report, and trier was unpersuaded by doctor’s opinion that 135/90 blood pressure reading, high cholesterol level and height-weight ratio indicated that there was then evidence of hypertension. CRB affirmed finding that rebuttable presumption of compensability remained intact, as a doctor’s report cannot rebut said presumption unless trier affords it some credence. CRB also expressed doubt that current notions of acceptable blood pressure and cholesterol reading should be used to second-guess opinion of doctor who performed a pre-employment examination 20 years earlier. See also, Fuessenich, § 31-307, § 31-308(b).