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Case No. ADJ7816135

Regular

May 07, 2012

BRYAN FLICKER vs. COUNTY OF BUTTE

The Workers' Compensation Appeals Board granted reconsideration to review the administrative law judge's (WCJ) finding of industrial injury for a correctional lieutenant. The WCJ had applied Labor Code section 3213.3, which presumes lower back impairments in peace officers required to wear duty belts. The Board found insufficient evidence that the applicant was required to wear a duty belt as a condition of employment as a peace officer, which is a prerequisite for the presumption's application. Therefore, the Board rescinded the award and returned the case for a determination of industrial injury without reference to the duty belt presumption, allowing for further record development.

Workers' Compensation Appeals BoardBryan FlickerCounty of ButteADJ7816135Labor Code section 3213.3correctional lieutenantcumulative injurylow back impairmentpeace officerduty belt presumption

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