Annette Kammien — ADJ12136545

Applicant Annette Kammien, a 57-year-old Sheriff Deputy, sustained a cumulative trauma injury (1/20/1996–3/5/2019) to multiple body parts while working for the County of San Bernardino, permissibly self-insured. The WCJ found her hiatal hernia presumptively industrial under Labor Code section 3212, awarded unapportioned permanent disability for GERD, awarded retroactive temporary total disability, and imposed a section 5814 penalty. Defendant petitioned for reconsideration arguing it rebutted the hernia presumption, that applicant was not entitled to post-retirement TTD, that Dr. Li's reporting could not support an award, and that a good faith dispute shielded it from a penalty. The WCAB adopted the WCJ's report and denied reconsideration, finding defendant failed to prove the non-industrial gastric sleeve was the sole cause of the hernia, that retirement motivated by industrial injury preserves TTD entitlement, that Dr. Li was the primary treating physician, and that defendant offered no evidence of a good faith dispute.