DENNIS MORALES, Applicant vs. COUNTY OF LOS ANGELES, permissibly self-insured; administered by SEDGWICK CMS, Defendants
ADJ number
ADJ10647098
Decision date
Mar 24, 2024
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, a 70-year-old ocean lifeguard employed by the Los Angeles County Fire Department, claimed cumulative and specific injuries including heart trouble (mitral valve prolapse, hypertension, arrhythmia). The WCJ found in a bifurcated decision that the Labor Code section 3212 heart trouble presumption applied because applicant was a member of a county fire department whose principal duties were not clerical. Defendant petitioned for reconsideration, arguing that section 3211.5 limits the presumption to persons engaged in providing firefighting services. The WCAB denied reconsideration, adopting the WCJ's report, holding that section 3211.5 expressly states it is 'not limited to' firefighters and that section 3212 covers all members of county fire departments except those whose principal duties are clerical. The Board found applicant—who provided basic life support, administered first aid, and responded to and extinguished beach fires—qualified for the presumption.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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