Valencia, Jose

Jose Valencia, a firefighter for the City of Daly City from 2004-2021, claimed cumulative injury to his respiratory system (occupational asthma) and circulatory/heart system. The WCJ found a single cumulative injury (ADJ14902030) causing 79% permanent disability with a life pension and awarded benefits, while ordering applicant take nothing in the duplicative second claim (ADJ19260558). Defendant sought reconsideration arguing there should be two separate cumulative trauma periods with different section 5412 dates of injury, and that it met its apportionment burden. The Board denied reconsideration, holding that the number of injuries is determined by causation analysis, not by when disability for different body parts manifests, and that a single period of injurious exposure ending on applicant's last day of work (January 23, 2021) produced one cumulative injury. The Board further held the QME's apportionment opinion (regarding seasonal allergies and prior firefighting employment) was not substantial evidence and that heart presumption cases under section 3212 are not subject to apportionment per section 4663(e).