WCPanelIQ
PanelMed-legalLienGranted in Part

Reichelt, Lawrence

LAWRENCE REICHELT, Applicant vs. CITY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT; permissibly self-insured, Defendants

ADJ number
ADJ2895646
Decision date
May 30, 2023
District office
Los Angeles
WCJ
—
Claim administrator
City of Los Angeles (permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: liver, systemic (Hepatitis C infection), psyche

LC §3208.1LC §4453LC §4660LC §5411LC §5412LC §5500.5LC §5811LC §5815CCR §10964

Summary

Lawrence Reichelt, a Los Angeles police officer employed 1983-1987, sustained injury in the form of Hepatitis C infection (with a compensable psyche consequence) from a needle stick. The principal dispute was the date of injury under Labor Code section 5412 and which Permanent Disability Rating Schedule (PDRS) applied, as well as whether applicant was owed additional temporary total disability for the period August 5, 1999 through May 2, 2001. The WCAB rescinded the PWCJ's July 30, 2020 F&A, holding that applicant's section 5412 date of injury was August 5, 1999 (when compensable disability first concurred with knowledge of industrial causation), and therefore the 1997 PDRS applied rather than the 1984 PDRS. The Board found the claim for the 1999-2001 TTD period barred by issue preclusion because it had been previously litigated and finally resolved in the 2016 Opinion. The Board deferred the issues of permanent disability, apportionment, life pension, COLA, attorney's fees, and liens, and reserved jurisdiction for medical treatment and medical-legal cost disputes.

Issues

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Holding

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