WCPanelIQ
PanelDenied

Garcia, Michael

MICHAEL GARCIA, Applicant vs. CITY OF SEASIDE, permissibly self-insured; administered by ATHENS ADMINISTRATORS, Defendants

ADJ number
ADJ13458859
Decision date
Feb 6, 2024
District office
Salinas
WCJ
Roisilin Riley
Claim administrator
Athens Administrators
Commissioners
—

Injury / body parts: psyche, nervous system, heart/cardiovascular (hypertension), back, knees, hips, feet

LC §4850LC §4656

Summary

Applicant Michael Garcia, a firefighter for the City of Seaside, sustained a psychiatric injury (CT 12/20/2018-1/5/2020) and was deemed temporarily totally disabled as of November 1, 2020. He had prior hypertension cumulative injury claims for which defendant paid Labor Code section 4850 salary continuation benefits from November 2, 2020 through November 1, 2021. The WCJ found that defendant's payment of section 4850 benefits on the companion hypertension claim did not preclude section 4850 benefits in the psychiatric claim, because applicant is entitled to up to one year of section 4850 benefits per injury. The Board, after granting reconsideration to study the issues, affirmed the WCJ's Findings, holding that section 4850 benefits are payable on a per-injury basis, while temporary disability payments for overlapping periods count toward the single 104-week cap under section 4656(c)(2).

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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