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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ10653999

Regular

Feb 11, 2020

Rodney McMillan vs. CITY OF RIVERSIDE

Applicant, a police officer, sought reconsideration after a WCJ denied his heart trouble claim under Labor Code § 3212.5. The parties stipulated the heart trouble presumption applied, shifting the burden to the employer to rebut it. While the Agreed Medical Examiner identified alcoholism as the probable cause of applicant's cardiomyopathy, he could not definitively state it was the "sole cause" or that employment played no role. The Appeals Board granted reconsideration, rescinded the original order, and remanded the case for further proceedings to determine if the presumption was adequately rebutted.

Heart trouble presumptionLabor Code section 3212.5Rebuttal of presumptionAgreed Medical ExaminerDilated cardiomyopathyNon-industrial alcoholismSole causeIndustrial causationPetition for ReconsiderationFindings of Fact and Order

References

Case No. ADJ9845279

Regular

Aug 22, 2016

ALEX SIMMONS vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board granted reconsideration, finding the WCJ erred in failing to apply the presumption of industrial causation for "heart trouble" under Labor Code § 3212.5. The Board determined the applicant's hypertrophic cardiomyopathy, developing during his employment as a deputy sheriff, qualified for this presumption, which was not rebutted by the defense. Consequently, the applicant's permanent disability is not subject to apportionment under Labor Code § 4663(e). The case is returned to the trial level for further proceedings and a new decision consistent with this opinion, including revisiting the issue of future medical treatment.

Labor Code section 3212.5Deputy SheriffHeart TroublePresumption of Industrial CausationHypertrophic CardiomyopathyApportionmentLabor Code section 4663(e)Panel Qualified Medical EvaluatorPQMECardiovascular System

References

Case No. MISSING

Regular Panel Decision

Claim of Brown v. New York City Department of Correction

Claimant appealed a Workers' Compensation Board decision denying benefits for cardiomyopathy. The claimant argued that work-related stress caused hypertension, leading to his cardiac condition, and that the manifestation of his condition at work created a presumption of work-relatedness under Workers’ Compensation Law § 21 (1). However, this issue was not raised before the Board and thus unpreserved for review. The court noted that the presumption applies to unwitnessed or unexplained accidents, which was not the case here. An impartial cardiologist found no causal link between the claimant's work and his cardiac distress, an opinion the Board credited over contrary medical evidence. The decision of the Workers' Compensation Board was affirmed.

Workers' CompensationCardiomyopathyHypertensionWork-Related StressCausal LinkMedical EvidenceImpartial Medical ExaminationPresumptionUnpreserved IssueAppellate Review

References

Case No. ADJ6820873

Regular

Oct 29, 2010

Thomas Wong vs. CITY OF LOS ANGELES/LAPD, TRISTAR 29106 GLENDALE

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration of an award for an injured police officer. The defendant contended the WCJ erred in adopting the PQME's whole person impairment (WPI) ratings for hypertension and cardiomyopathy, and in finding the defendant failed to rebut the diminished future earning capacity (DFEC) component. The Board affirmed the WCJ's reliance on Dr. Carlish's WPI ratings, finding them supported by the AMA Guides and substantial evidence. Furthermore, the Board found the defendant failed to meet its burden of proof to rebut the scheduled DFEC rating, as their arguments lacked sufficient evidentiary support.

Workers' Compensation Appeals BoardIndustrial InjuryHypertensionHypertensive Heart DiseaseCardiomyopathyWhole Person Impairment (WPI)AMA GuidesDisability Evaluation SpecialistDiminished Future Earning Capacity (DFEC)Ogilvie v. City and County of San Francisco

References

Case No. MISSING

Regular Panel Decision

Claim of Brown v. Harden Furniture

Claimant's decedent, a truck driver, died after experiencing stomach pains while unloading heavy furniture. An autopsy revealed bronchopneumonia and hypertensive cardiovascular disease as the cause. The claimant filed for workers' compensation, with a consulting physician linking the death to work exertion. The employer's medical consultant agreed on work-relatedness but highlighted pre-existing conditions like obesity and cardiomyopathy. Both a Workers’ Compensation Law Judge and the Workers’ Compensation Board found a causal relationship and ruled that apportionment was not applicable because the pre-existing condition was not compensable and the decedent could perform his job duties despite it. The self-insured employer appealed this determination. The appellate court affirmed the Board's decision, finding it supported by substantial evidence.

ApportionmentWorkers' CompensationCausationPre-existing ConditionWork-Related DeathTruck DriverExertionCardiovascular DiseaseBronchopneumoniaMedical Evaluations

References

Case No. MISSING

Regular Panel Decision

Claim of Delee v. Crouse Hinds Division of Cooper Industries

Claimant sustained a work-related back injury in 1991, resulting in a permanent partial disability and workers' compensation benefits. After being terminated and later finding new employment, she developed breast cancer, leading to neuropathy and cardiomyopathy from chemotherapy, preventing her return to work. The employer's carrier argued her current inability to work was solely due to cancer, not the back injury. The Workers’ Compensation Board reversed a Workers’ Compensation Law Judge's decision, continuing claimant's reduced earnings award. The Appellate Division affirmed, holding that supervening nonindustrial causes do not absolve an employer if the established permanent partial disability still contributes to reduced earning capacity, which is a factual determination for the Board, supported by substantial evidence in this case.

Workers' CompensationPermanent Partial DisabilityReduced EarningsSupervening Nonindustrial CausesCausationAppellate ReviewMedical OpinionBack InjuryChemotherapy ComplicationsBoard Findings

References

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Rodney McMillan vs. CITY OF RIVERSIDE

ALEX SIMMONS vs. COUNTY OF RIVERSIDE

Claim of Brown v. New York City Department of Correction

Workers' CompensationCardiomyopathyHypertensionWork-Related StressCausal LinkMedical EvidenceImpartial Medical ExaminationPresumptionUnpreserved IssueAppellate Review

Thomas Wong vs. CITY OF LOS ANGELES/LAPD, TRISTAR 29106 GLENDALE

Claim of Brown v. Harden Furniture

ApportionmentWorkers' CompensationCausationPre-existing ConditionWork-Related DeathTruck DriverExertionCardiovascular DiseaseBronchopneumoniaMedical Evaluations

Claim of Delee v. Crouse Hinds Division of Cooper Industries

Workers' CompensationPermanent Partial DisabilityReduced EarningsSupervening Nonindustrial CausesCausationAppellate ReviewMedical OpinionBack InjuryChemotherapy ComplicationsBoard Findings