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PanelDenied

Zapatka, Jason

JASON ZAPATKA, Applicant vs. CITY OF LOS ANGELES POLICE DEPARTMENT, permissibly self-insured, Defendants

ADJ number: ADJ18866949
Decision date: Jun 9, 2024
District office: San Francisco District Office
WCJ: Linda Davidson-Guerra (Arbitrator)
Claim administrator: City of Los Angeles (permissibly self-insured)
Commissioners: —

Injury / body parts: lumbar spine, left shoulder

LC §5909LC §3202LC §5908.5LC §5901LC §5950LC §5952LC §5900LC §5803LC §5301LC §5300LC §3201.7LC §4664LC §4663LC §3213.2LC §3212LC §3212.1LC §3212.2LC §3212.3LC §3212.4LC §3212.5LC §3212.6LC §3212.7LC §3212.8LC §3212.85LC §3212.9LC §3212.10LC §3212.11LC §3212.12LC §3213LC §3213.2CCR §10945

Summary

Applicant Jason Zapatka, a Los Angeles police officer, sustained a cumulative trauma injury to his left shoulder and lumbar spine and was awarded 33% permanent disability (18% shoulder, 18% lumbar spine) without apportionment after arbitration under Labor Code section 3201.7. Applicant had a prior award of 17% PD to the lumbar spine, and the self-insured City sought to subtract that prior award under Labor Code section 4664(b). The arbitrator found that the anti-attribution clause of Labor Code section 4663(e), which applies to presumptive injuries (including the section 3213.2 'duty-belt' lumbar spine presumption), precluded section 4664(b) apportionment. The WCAB adopted and incorporated the arbitrator's report and denied reconsideration. The Board also addressed the Shipley/equitable tolling doctrine to justify acting beyond the 60-day deadline under section 5909.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.