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PanelQMEMed-legalGranted in Part

Clark, William

CHENEENE R. CLARK, WILLIAM B. CLARK (Deceased), Applicant vs. CITY OF VALLEJO, permissibly self-insured, administered by LWP CLAIMS SOLUTIONS, INC., Defendants

ADJ number: ADJ12000811
Decision date: May 25, 2023
District office: San Francisco
WCJ: —
Claim administrator: LWP Claims Solutions, Inc.
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: kidney (renal cancer), lungs (metastatic lesions)

LC §3212LC §3212.1LC §3212.2LC §3212.3LC §3212.4LC §3212.5LC §3212.6LC §3212.7LC §3213LC §4453LC §4458.5LC §4659LC §4662LC §5412LC §5701LC §5906

Summary

William B. Clark, a Vallejo police officer, claimed kidney cancer from carcinogen exposure; he retired in 2013 and died of the cancer on September 18, 2021. The WCJ found he had no earnings (producing a $0 TD rate) and had not reached MMI before death. On reconsideration, the WCAB found that Clark was permanently totally disabled from the date of his cancer diagnosis until his death and was entitled to PTD indemnity at the maximum rate. The Board held that under Labor Code sections 3212.1, 4453, and 4458.5, the proper PTD rate was $1,066.72, subject to section 4659(c) increases, because section 4458.5 applies to retired public safety members irrespective of post-retirement remuneration. The Board deferred the commencement date for PTD payments and the attorney fee amount, returning the matter to the WCJ for further development of 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.