ERIC FULFORD, Applicant vs. COUNTY OF RIVERSIDE, Permissibly Self-Insured, Defendant
ADJ number
ADJ12359859
Decision date
Sep 5, 2022
District office
Riverside
WCJ
—
Claim administrator
County of Riverside, Permissibly Self-Insured
Commissioners
—
Injury / body parts: heart, gastric system, low back
LC §3212.5LC §4663LC §3212.2LC §3212.10
Summary
Eric Fulford, a deputy sheriff for the County of Riverside, was found to have sustained an industrial cumulative injury (October 14, 2008 through April 27, 2019) to his heart, gastric system, and low back, resulting in 72% permanent disability. Defendant sought reconsideration arguing the WCJ should have applied QME internist Dr. Grodan's apportionment of applicant's coronary heart disease (which would have attributed 30% to pre-existing disease). The WCJ found the heart condition fell under the Labor Code section 3212.5 heart trouble presumption and was therefore not subject to apportionment per Labor Code section 4663(e). The Board denied reconsideration, holding that section 3212.5's anti-attribution clause and section 4663(e)'s express prohibition precluded apportionment of disability arising from the presumptive heart injury, even though applicant had a prior non-industrial heart attack in 2006.
Issues
Member is $25/month or $250/year and includes full case search.
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.
Holding
Member is $25/month or $250/year and includes full case search.
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.
Analysis
Member is $25/month or $250/year and includes full case search.
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.
Applicant takeaway
Member is $25/month or $250/year and includes full case search.
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.
Defense takeaway
Member is $25/month or $250/year and includes full case search.
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.
Provider takeaway
Member is $25/month or $250/year and includes full case search.
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.
Similar decisions
Member is $25/month or $250/year. Subscribe to view similar decisions.
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.
Member is $25/month or $250/year. Subscribe to view similar decisions.
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.
Member is $25/month or $250/year. Subscribe to view similar decisions.
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.
Member is $25/month or $250/year. Subscribe to view similar decisions.
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.
Member is $25/month or $250/year. Subscribe to view similar decisions.
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.
Member is $25/month or $250/year. Subscribe to view similar decisions.
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.
Member is $25/month or $250/year. Subscribe to view similar decisions.
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.
Member is $25/month or $250/year. Subscribe to view similar decisions.
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.