DEREK BAKER, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND, Defendants
ADJ number
ADJ13817663
Decision date
Date unavailable
District office
Van Nuys
WCJ
David L. Pollak
Claim administrator
State Compensation Insurance Fund
Commissioners
—
Injury / body parts: cardiovascular system (hypertension), right eye, heart, visual system
LC §4663LC §3212.2LC §3212
Summary
Derek Baker, a parole agent with CDCR, sustained industrial injury to his cardiovascular system (hypertension) and right eye during the period December 27, 2010 to April 28, 2021. The WCJ found 73% permanent disability with no reasonable basis for apportionment, finding both the cardiovascular and right eye conditions immune from apportionment under Labor Code § 4663(e) and the heart trouble presumption of § 3212.2. Defendant sought reconsideration, arguing 20% of the right eye disability should be apportioned to hypertension per the PQME. The WCJ reasoned that because the right eye injury (central retinal artery occlusion from a ruptured blood vessel) resulted from the applicant's hypertension, it fell within the heart trouble presumption and was immune from apportionment. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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