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

Case No. ADJ9184413
Regular
Oct 27, 2020

JEFFREY SPRINGER vs. RJ DONOVAN CORRECTIONAL FACILITY, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim by Jeffrey Springer against RJ Donovan Correctional Facility. The Applicant sustained injuries resulting in industrially caused hypertension, hypertensive kidney disease, and hypertensive heart disease. The primary dispute centered on how to combine a prior 28% permanent disability rating for kidney disease with a new 49% rating for heart disease. The defendant argued these were part of a single cardiovascular system and sought to subtract the prior award's monetary value from the new rating. The WCJ found the injuries to the kidney and heart were distinct, justifying combining them, and awarded 63% permanent disability after deducting the prior award's value. The Appeals Board denied the defendant's petition for reconsideration, adopting the WCJ's reasoning.

Workers Compensation Appeals BoardRJ Donovan Correctional FacilityLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationPermanent DisabilityHypertensionHypertensive Kidney DiseaseHypertensive Heart DiseaseHypertensive Cardiovascular Disease
References
Case No. ADJ388201
Regular
Nov 12, 2010

RONALD WECHSLER vs. STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND

Defendant sought reconsideration of a prior WCAB decision that allowed applicant to reopen his case for increased permanent disability due to industrial hypertensive disease and resulting end-organ damage. Defendant argued that end-organ damage occurring outside the five-year limit from the date of injury barred recovery for new and further disability. The WCAB denied reconsideration, reaffirming that the parties' stipulation of injury to the cardiovascular system, including "hypertension and end organ damage," was binding and encompassed the current claim. The case is returned to the WCJ for determination of the extent of the applicant's increased permanent disability.

Petition to ReopenNew and Further DisabilityReconsideration DeniedPermanent DisabilityHypertensive DiseaseCardiovascular DiseaseEnd Organ DamageStipulated AwardDate of InjuryWCJ Decision
References
Case No. ADJ9506185
Regular
Jul 13, 2016

JIM NEWELL vs. COUNTY OF KERN

The Workers' Compensation Appeals Board denied the County of Kern's petition for reconsideration of an award to Jim Newell. The award was based on industrial cumulative trauma to the lumbar spine and hypertensive cardiovascular disease, including left ventricular hypertrophy (LVH). The County argued there was insufficient evidence of LVH and sought further medical development, specifically a cardiac MRI. The Board found that the existing medical evidence, including echocardiograms and expert testimony, constituted substantial evidence to support the LVH diagnosis, making further testing unnecessary.

Workers' Compensation Appeals BoardCounty of KernJim NewellSheriff's Sergeantcumulative traumalumbar spinecirculatory systemhypertensionhypertensive cardiovascular diseaseleft ventricular hypertrophy
References
Case No. ADJ8942156
Regular
Jan 29, 2016

CHRIS KUDELKA vs. CITY OF COSTA MESA FIRE DEPARTMENT

The Workers' Compensation Appeals Board reversed a prior decision regarding apportionment in this case. While upholding the finding of no apportionment for hypertensive cardiovascular disease, the Board amended the award to include apportionment for GERD, neck, back, and headaches based on AME opinions. The Court determined that the prior award for valvular heart disease was a distinct injury from the current hypertensive cardiovascular disease, thus precluding apportionment under Labor Code section 4664. Finally, the Court found that the defendant failed to prove overlap between the prior and current cardiac injuries.

Workers' Compensation Appeals BoardChris KudelkaCity of Costa Mesa Fire DepartmentAdminSure Diamond BarReconsiderationCumulative Industrial InjuryHypertensive Cardiovascular DiseaseApportionmentLabor Code section 4664(b)Stipulated Award
References
Case No. ADJ10256108, ADJ10255968, ADJ10256212, ADJ10256223, ADJ10489875
Regular
Sep 23, 2022

JOSEPH RYAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Appeals Board affirmed the finding of permanent and total disability for the applicant, Joseph Ryan, stemming from industrial injuries sustained while employed as a correctional captain. However, the Board remanded the matter for further proceedings to specifically address apportionment of the permanent disability under Labor Code section 4663, considering the Agreed Medical Evaluator's opinion on pre-existing spinal disease. The Board found that the applicant's specific and cumulative trauma injuries to his spine resulted in intertwined disabilities, justifying a combined award, but that Dr. Hasday's apportionment findings require further development and determination at the trial level.

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875
References
Case No. ADJ4129353 (VNO 0559667)
Regular
Jun 09, 2010

DONALD GRIFFIN vs. CITY OF TORRANCE, Permissibly Self-Insured

This case involves a firefighter claiming industrial injury to hypertension, cardiovascular, spine, and gastrointestinal systems. The defendant sought reconsideration, arguing the WCJ erred in denying apportionment for the applicant's hypertensive heart disease and spine injury. The Appeals Board denied reconsideration, agreeing with the WCJ that the orthopedic apportionment by the Agreed Medical Examiner was too speculative. The Board also found the WCJ correctly relied on the internal medicine AME's opinion to conclude the hypertensive heart disease resulted from a single cumulative trauma period.

WCABADJ4129353VNO 0559667firefighterhypertensioncardiovascularspine injurygastrointestinalpermanent disabilityapportionment
References
Case No. ADJ7469760
Regular
Mar 25, 2016

GILBERT MARENTEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, CALIFORNIA REHABILITATION CENTER

The Appeals Board affirmed the finding of industrial injury and 84% permanent disability for hypertensive cardiovascular disease but modified the start date for the 15% permanent disability increase under Labor Code section 4658(d)(2) to January 19, 2014. The Board also upheld the requirement for the employer to provide treatment for the applicant's non-industrial diabetes when necessary to cure or relieve the effects of the industrial injury. The Board also affirmed the WCJ's discretionary allowance of a credit to the defendant for overpaid temporary disability benefits. The case is returned for reissuance of the award with the correct section 4658(d) date and determination of SAWW and attorney fees.

Workers' Compensation Appeals Boardhypertensive cardiovascular diseasecoronary artery diseasearrhythmiapermanent disabilityLabor Code section 4658(d)(2)temporary disability creditAgreed Medical Examiner (AME)permanent and stationary dateQualified Injured Worker (QIW)
References
Case No. ADJ10763960
Regular
May 20, 2019

DENNIS ROMERO vs. COUNTY OF SAN DIEGO

This case involves a workers' compensation appeal where the defendant, County of San Diego, sought reconsideration of an award granting the applicant, Dennis Romero, permanent disability. The defendant argued that the administrative law judge improperly overlapped factors of disability when assessing the applicant's $94\%$ permanent disability rating. The Appeals Board denied reconsideration, adopting the judge's report which found that the qualified medical evaluator considered factors beyond shortness of breath, such as left ventricular hypertrophy and lightheadedness, when determining impairments for hypertensive and coronary heart disease. The Board also cited legal precedent that the multiple disabilities rating schedule accounts for any overlap.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderDeputy SheriffIndustrial InjuryHeart InjuryHypertensionPermanent DisabilityHypertensive Heart DiseaseCoronary Heart Disease
References
Case No. ADJ9572711
Regular
May 20, 2019

RENE HINOJOSA vs. NORTH KERN STATE PRISON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the employer's petition and granted the applicant's petition for reconsideration. The Board affirmed the original finding of injury to the psyche and cardiovascular system, including hypertension, but amended the award. Crucially, the Board found that Labor Code section 3212.2 applied due to the applicant's custodial duties, thus precluding apportionment of permanent disability for hypertension and cardiovascular disease under Labor Code section 4663(e). This resulted in an increased permanent disability rating of 73% and entitlement to a life pension.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Orders and Awardstationary engineerpsyche injurycardiovascular systemhypertensionheart trouble presumptionLabor Code Section 3212.2Labor Code Section 4663(e)
References
Case No. ADJ7464646
Regular
Apr 24, 2017

DONALD THOMPSON vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board granted reconsideration and increased the applicant's permanent disability award from 22% to 52%. This decision stemmed from the Board's finding that the applicant's hypertension constituted "heart trouble" under Labor Code section 3212.2, a presumption applicable to Department of Corrections employees with custodial duties. Consequently, the hypertension-related disability is not subject to apportionment, unlike the prior award which had applied apportionment. The applicant, a teacher at a correctional facility, is thus entitled to an unapportioned award for his industrial injury.

Labor Code § 3212.2presumption of injurycustodial dutiesheart troubleapportionmenthypertensioncoronary heart diseaseindustrial injurypermanent disabilityLabor Code § 4663(e)
References
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