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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. 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. 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. 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
Case No. ADJ3526973 (SDO 0315558) ADJ2783481 (SDO 0355255)
Regular
Jan 21, 2011

THEMAS CARMODY vs. CITY OF SAN DIEGO POLICE DEPARTMENT

The Workers' Compensation Appeals Board reversed a WCJ's decision finding no industrial injury to the applicant's heart and hypertension. The Board found that the Agreed Medical Evaluator's initial reports strongly supported industrial causation for hypertension and heart trouble, triggering the Labor Code section 3212.5 presumption. The Board held the AME's subsequent deposition testimony, which reversed his opinion without adequate explanation and rejected the legislative premise of stress-induced heart disease, was insufficient to rebut the presumption. Consequently, both the applicant's heart/hypertension claim and a previously decided claim for lung and hernia injuries were returned to the trial level for benefit determination.

Workers' Compensation Appeals BoardPolice SergeantHeart ConditionHypertensionLabor Code Section 3212.5Presumption of CompensabilityAgreed Medical EvaluatorRebuttal of PresumptionIndustrial CausationDeposition Testimony
References
Case No. ADJ307882 (VNO 0453543)
Regular
Oct 03, 2008

CEHEL WARE vs. LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

The Appeals Board granted reconsideration, rescinded the prior award, and returned the case for further proceedings. This decision was based on the inadequacy of the medical evidence supporting the applicant's claim of industrial hypertension and hypertensive heart disease, as the court-appointed QME's opinion lacked sufficient factual basis and adherence to procedural requirements. Additionally, the initial trial record was found to be unclear regarding the stipulated and disputed issues, necessitating clarification before a new decision can be rendered.

Workers Compensation Appeals BoardCumulative TraumaHypertensionHypertensive Heart DiseaseIndustrial InjuryMedical EvidenceReconsiderationSubstantial EvidenceAgreed Medical EvaluatorQualified Medical Evaluator
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. 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. 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. ADJ8413521
Regular
Apr 13, 2020

STEVEN KING vs. COUNTY OF SAN BERNARDINO

This Workers' Compensation Appeals Board case involves applicant Steven King's claims for injury arising out of and occurring in the course of employment, including bilateral shoulders, lumbar spine, cardiac system, hernia, skin disorder, hearing loss, and hypertension. The Board affirmed the finding of injury AOE/COE and the hypertension rating but remanded the case for further development of the record regarding the applicant's lumbar spine impairment. The administrative law judge's prior rejection of the Agreed Medical Examiner's (AME) supplemental opinion on lumbar spine disability was deemed an improper disregard of substantial medical evidence.

Workers' Compensation Appeals BoardPetition for ReconsiderationAmended Findings and Awardinjury arising out of and occurring in the course of employmentbilateral shoulderslumbar spinecardiac systemherniaskin disorderhearing loss
References
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