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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. ADJ1649220

Regular

Aug 19, 2009

ERIC LUND vs. CALIFORNIA DEPARTMENT OF FORESTRY (STATE COMPENSATION INSURANCE FUND) LAKEPORT FIRE PROTECTION DISTRICT (FASIS), CLEARLAKE OAKS FIRE PROTECTION DISTRICT (FASIS)

This case involves a firefighter claiming industrial injury to his jaw and tonsil cancer, with the initial finding supporting the presumption of injury. The defendant sought reconsideration, arguing that the WCJ improperly relied on medical opinions obtained after discovery closure and in violation of physician selection procedures. The Appeals Board granted reconsideration, rescinded the initial findings, and returned the matter for further proceedings due to procedural errors in admitting key medical evidence. The Board emphasized that evidence obtained after discovery closure and potentially exceeding applicant's rights under Labor Code section 4062.1(e) should not have been admitted.

Labor Code section 3212.1squamous cell carcinomatonsil cancerlymph node cancerfirefighter injurycumulative injurypresumption of injuryrebutted presumptionLabor Code section 4062.1panel QME

References

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

Workers' Compensation Appeals BoardJoseph RyanCalifornia Department of CorrectionsLegally UninsuredState Compensation Insurance FundADJ10256108ADJ10255968ADJ10256212ADJ10256223ADJ10489875

ERIC LUND vs. CALIFORNIA DEPARTMENT OF FORESTRY (STATE COMPENSATION INSURANCE FUND) LAKEPORT FIRE PROTECTION DISTRICT (FASIS), CLEARLAKE OAKS FIRE PROTECTION DISTRICT (FASIS)

Labor Code section 3212.1squamous cell carcinomatonsil cancerlymph node cancerfirefighter injurycumulative injurypresumption of injuryrebutted presumptionLabor Code section 4062.1panel QME