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PanelGranted

Smith, Carlos

CARLOS SMITH, Applicant vs. COUNTY OF SACRAMENTO, Permissibly Self-Insured, Defendant

ADJ number: ADJ10758177
Decision date: Sep 28, 2023
District office: Sacramento
WCJ: —
Claim administrator: County of Sacramento, Permissibly Self-Insured
Commissioners: —

Injury / body parts: left wrist, high blood pressure, cervical spine/neck, left elbow, left upper extremity, heart

LC §4850LC §3212.10CCR §10955

Summary

Applicant Carlos Smith, a deputy probation officer, sustained admitted industrial injuries (left wrist, high blood pressure in ADJ10758177; neck in ADJ12184978) and alleged additional injuries including presumptive heart trouble. The WCJ issued July 5, 2023 'interim' awards of 1% PD for high blood pressure and 16% PD for the neck, deferred other issues, and found defendant entitled to two TTD credits against PD indemnity. Applicant sought reconsideration challenging the credits and the failure to find presumptive industrial heart trouble. The Board granted reconsideration, finding the credit finding contained clerical error in dates and the Opinion on Decision erroneously stated applicant received TTD and Labor Code 4850 benefits simultaneously, and that issuing piecemeal interim PD findings was improper. The Board rescinded the WCJ's decision and returned the matter to the trial level for clarification, further development of the record, and a single consolidated PD determination per case.

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.