WCPanelIQ
PanelDenied

Morales, Dennis

DENNIS MORALES, Applicant vs. COUNTY OF LOS ANGELES, permissibly self-insured; administered by SEDGWICK CMS, Defendants

ADJ number
ADJ10647098
Decision date
Date unavailable
District office
Van Nuys
WCJ
Steven Carbone
Claim administrator
Sedgwick CMS
Commissioners
—

Injury / body parts: heart, mitral valve prolapse, hypertension, arrhythmia, hearing, cervical spine, right shoulder, lumbar spine, both ankles, hemorrhoids, right elbow, both knees, skin

LC §3212LC §3211.5

Summary

Dennis Morales, an ocean lifeguard employed by the Los Angeles County Fire Department, claimed heart injury (including mitral valve prolapse) arising from his employment. The WCJ found that the Labor Code section 3212 heart trouble presumption applied because Morales was a member of a county fire department whose principal duties were not clerical. Defendant (County of Los Angeles, self-insured, administered by Sedgwick CMS) petitioned for reconsideration, arguing the presumption applies only to those engaged in providing firefighting services. The WCAB denied reconsideration, holding that section 3212 covers all members of county fire departments except those whose principal duties are clerical, and that section 3211.5's definition of firefighter is inclusive ('include, but shall not be limited to'), not restrictive. The Board adopted and incorporated the WCJ's report and found the reasoning in Smith v. County of L.A. persuasive.

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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