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PanelGranted

Harlan, Justin

JUSTIN HARLAN, Applicant vs. COUNTY OF MONTEREY, permissibly self-insured; STATE OF CALIFORNIA; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number: ADJ8625541
Decision date: Nov 5, 2023
District office: Salinas
WCJ: —
Claim administrator: County of Monterey (permissibly self-insured)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, NATALIE PALUGYAI, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, sleep disturbance, headaches, psyche, left eye, left knee, left lower extremity

LC §4751LC §4753LC §5310LC §123.7LC §5309LC §5903LC §5952LC §5313LC §5907LC §5908LC §5908.5LC §5803LC §5901LC §5950

Summary

Justin Harlan, a 911 dispatcher for the County of Monterey from 2008-2012, sustained a cumulative injury and was diagnosed with multiple sclerosis during his employment. He sought SIBTF benefits, claiming preexisting disabilities combined with his subsequent compensable injury entitled him to benefits. The WCJ found he did not meet the threshold for SIBTF entitlement under Labor Code section 4751. On reconsideration, the WCAB found the WCJ appeared not to have properly considered the controlling precedents (Todd and Bookout) and that applicant appeared to have met both the 5% opposite-and-corresponding and 35% subsequent disability thresholds. The Board granted reconsideration, deferred a final decision, and ordered the matter set for a status conference before a designated referee or WCJ to further develop the record.

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.