WCPanelIQ
PanelDenied

Ramrakha, Michael

MICHAEL RAMRAKHA, Applicant vs. STATE OF CALIFORNIA, RICHARD J. DONOVAN CORRECTIONAL FACILITY, legally uninsured; STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES SAN DIEGO, Defendants

ADJ number
ADJ8919366
Decision date
Sep 24, 2023
District office
San Diego
WCJ
—
Claim administrator
State Compensation Insurance Fund (for legally uninsured State of California / CDCR)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: heart (coronary heart disease), cardiovascular system (hypertensive cardiovascular disease), hematopoietic system

LC §5903LC §5410LC §5803LC §5804LC §5805LC §5815LC §5904

Summary

Applicant Michael Ramrakha, a CDCR correctional officer, sustained industrial injuries (coronary heart disease, hypertensive cardiovascular disease, and hematopoietic impairment) across three claims resolved in a Joint F&A dated March 10, 2020. The Board had previously issued a Decision After Reconsideration on March 29, 2023, addressing defendant's credit dispute, allowing credit in ADJ1415534 but denying it in ADJ8919366. Applicant then filed a Petition for Reconsideration under Labor Code section 5903(d), asserting newly discovered evidence that his impairment had increased since the F&A. The Board denied the petition, reasoning that an increased level of permanent disability is more akin to a petition for new and further disability and is not a proper basis to reconsider its Opinion, since the issue was not raised at trial or in a timely petition for reconsideration of the F&A.

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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