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PanelRemanded

Diffenbaugh, Tony

TONY DIFFENBAUGH, Applicant vs. COUNTY OF KERN FIRE DEPARTMENT, permissibly self-insured, administered by COUNTY OF KERN RISK MANAGEMENT, Defendants

ADJ number: ADJ12877716
Decision date: Jan 10, 2024
District office: Bakersfield
WCJ: —
Claim administrator: County of Kern Risk Management
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: right knee, neck, back, right hip, right shoulder, feet, skin, psyche, cardiopulmonary system (heart), gastroesophageal reflux disorder, sleep apnea, hands

Summary

Fire captain Tony Diffenbaugh was awarded 96% permanent partial disability for a cumulative injury (1983-2019) to multiple body parts including the cardiopulmonary system, while the WCJ found no compensable hand injury in two related cases. Both applicant and defendant petitioned for reconsideration—applicant challenging apportionment of hypertensive heart disease and the denial of hand injury, and defendant alleging due process violations and new evidence. The Board granted reconsideration to study the issues and referred the parties to a commissioners' settlement conference. The parties subsequently filed executed Stipulations With Request for Award. To expedite approval, the Board rescinded the June 7, 2023 Joint Findings of Fact, Award and Orders and returned the matter to the WCJ to consider the Stipulations.

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.