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PanelGranted

Do, David

DAVID DO, Applicant vs. COUNTY OF LOS ANGELES, permissibly self-insured, administered by SEDGWICK CMS; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number: ADJ11339093
Decision date: Mar 28, 2024
District office: Van Nuys
WCJ: —
Claim administrator: Sedgwick CMS (administrator for County of Los Angeles, permissibly self-insured)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: heart

LC §4753LC §4751LC §5950LC §5907LC §5908LC §5908.5LC §5803LC §5901

Summary

Applicant David Do was found eligible for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits under Labor Code section 4751. The WCJ found that SIBTF was entitled to credit for prior awards but was not entitled to a credit or offset for applicant's LACERA service-connected disability retirement pension. SIBTF petitioned for reconsideration, arguing it was entitled to a credit under Labor Code section 4753 because LACERA granted the pension on account of applicant's preexisting and subsequent disabilities. The Appeals Board granted reconsideration to further study whether applicant's service-connected disability retirement was solely due to his heart condition or also due to preexisting conditions, deferring a final decision pending review of the merits.

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.