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PanelDenied

Piccinini, Jack

JACK PICCININI, Applicant vs. CITY OF SEBASTOPOL, permissibly self-insured; CITY OF SANTA ROSA, permissibly self-insured, Defendants

ADJ number: ADJ13299780
Decision date: Mar 23, 2023
District office: Santa Rosa
WCJ: Jason E. Schaumberg
Claim administrator: City of Sebastopol (permissibly self-insured); City of Santa Rosa (permissibly self-insured)
Commissioners: —

Injury / body parts: Neck

LC §5500.5LC §5412LC §5275LC §5275(a)(2)

Summary

Jack Piccinini, a career firefighter, worked full-time for the City of Santa Rosa for 42 years (retiring as Battalion Chief in 2016) while concurrently working part-time for the City of Sebastopol. He claimed neck injuries including a 2020 specific injury (moving hoses) with Sebastopol and cumulative trauma. AME Dr. Sommer apportioned disability 85% to a Santa Rosa cumulative trauma, 5% to a Sebastopol cumulative trauma, and 10% to the 2020 specific injury, but found the Santa Rosa incidents were 'mixed together and not reasonably separable.' The WCJ found a single cumulative trauma injury (not two separate CTs) given the concurrent employment, with liability allocation to be addressed later under Labor Code § 5500.5, and ordered further development of the record to establish the date of injury under § 5412. The WCAB adopted the WCJ's report and denied the City of Sebastopol's Petition for Reconsideration.

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.