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PanelMed-legalGranted in Part

Mark Scott — ADJ9599844

MARK SCOTT, Applicant vs. COUNTY OF KERN, permissibly self-insured/self-administered, Defendant

ADJ number: ADJ9599844
Decision date: Dec 28, 2022
District office: Bakersfield
WCJ: —
Claim administrator: County of Kern (permissibly self-insured/self-administered)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: heart, hypertensive cardiovascular disease, coronary artery disease, lymphatic cancer (lymphoma)

LC §3212.1LC §4650LC §4661

Summary

Applicant Mark Scott, a deputy sheriff for the County of Kern, originally settled a cumulative trauma heart injury claim (November 11, 1983 through June 15, 2011) via stipulation in December 2014 at 69% permanent disability. He later filed a Petition to Reopen and amended his application to add a lymphatic cancer claim. The WCJ found good cause to reopen, merged the cancer injury with the prior cardiovascular injury as a single cumulative injury, and awarded 78% permanent partial disability. On reconsideration, the Board affirmed the F&A except it amended the permanent disability indemnity commencement date from April 21, 2017 to April 17, 2014, and deferred attorney fee and commutation issues, remanding for further proceedings.

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.