Alex Carter — ADJ9580793

Applicant Alex Carter, a correctional counselor for the Department of Corrections (1990-2014), was found by the WCJ to have sustained industrial injury to multiple body parts including cardiac arrhythmia and hypertensive heart disease, resulting in permanent and total disability based on the addition (rather than CVC combination) of his two heart-related disabilities. Defendant petitioned for reconsideration, challenging reliance on PQME Dr. Tirmizi's opinion, the use of the additive method, assignment of PD to cardiac arrhythmia, compensability of the right hip and erectile dysfunction, and the statute of limitations defense to varicose veins. The Appeals Board granted reconsideration to study the issues and ultimately affirmed the Findings and Award, adopting most of the WCJ's Report. The Board held that Dr. Tirmizi's opinion constituted substantial medical evidence, that the synergistic effect of two separate injuries to the heart justified addition over combination, and that defendant waived or failed to support its various defenses. The outcome affirmed permanent total disability.