Bailey, Albert

Albert Bailey, a firefighter for the City of San Bernardino, sustained industrial injuries including malignant melanoma with metastasis, coronary heart disease, pulmonary emboli, and lower extremity veins (thrombophlebitis). The WCJ found that defendant established prior awards totaling 63% (21% for prior cancer plus 42% for prior heart disease) in the same body region under Labor Code section 4664(c)(1)(G), limiting applicant's current award to 37% permanent disability. Applicant sought reconsideration, arguing the cancer and heart injuries should be treated as separate body regions and that development of the record was warranted. The Appeals Board agreed the melanoma, coronary heart disease, and pulmonary emboli all fall within the catch-all region (G), affirming the lifetime cap reasoning, but found that applicant's lower extremity veins injury arguably falls under a different region under section 4664(c)(1)(F). The Board granted reconsideration and returned the matter to develop the record solely as to the lower extremity veins injury.