WCPanelIQ
PanelGranted in Part

Blake Lycett — ADJ12253396

BLAKE LYCETT, Applicant vs. COUNTY OF SAN MATEO, permissibly self-insured, administered by ATHENS ADMINISTRATIONS, Defendants

ADJ number
ADJ12253396
Decision date
Jul 24, 2022
District office
San Francisco
WCJ
Farai Alves
Claim administrator
Athens Administrations
Commissioners
—

Injury / body parts: neck, low back, circulatory system, hypertensive cardiovascular disease, coronary artery disease

LC §3202LC §3212LC §3212.5LC §3213.2LC §4663LC §4664LC §5412LC §5500.5LC §5902LC §5903LC §5952

Summary

Blake Lycett, a deputy sheriff for the County of San Mateo, claimed a cumulative trauma injury to the neck, low back, and circulatory system (hypertensive cardiovascular disease and coronary artery disease) ending September 30, 2018. The WCJ found a single cumulative trauma injury, applied the heart presumption (Lab. Code § 3212.5) and the duty belt/low back presumption (Lab. Code § 3213.2), awarded 76% PD, and applied apportionment under § 4663 only to the cervical spine and under § 4664(b) to the cardiovascular disease and hypertension. Both parties petitioned for reconsideration: defendant disputed the duty belt presumption and argued for two separate injuries, while applicant disputed apportionment of the hypertension under § 4664(b). The WCAB granted reconsideration solely to strike Finding of Fact No. 1 (which improperly incorporated stipulations by reference from non-existent minutes), and otherwise affirmed and adopted the WCJ's decision in full. The Board emphasized that awards must be supported by actual findings of fact rather than incorporated stipulations.

Issues

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Holding

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Analysis

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