Springer, Robert

Robert Springer, a deputy sheriff entitled to the heart-injury presumption under Labor Code section 3212.5, claimed defendant unreasonably rejected liability for his heart claim in violation of Labor Code section 5814.3. The WCJ found that defendant (City of Los Angeles Sheriff's Department, self-insured, administered by Sedgwick) repeatedly failed to authorize a cardiac CT angiogram requested by the internal PQME Dr. Grodan, which the PQME indicated could have prevented applicant's August 2022 heart attack, and then issued a written denial of the heart claim on 9/26/22 in the middle of its own ongoing PQME investigation. The WCJ found a violation of section 5814.3 and ordered further development of the record on the penalty amount, while denying the serious and willful misconduct claim. The Appeals Board denied reconsideration, adopting and incorporating the WCJ's Report, and emphasizing the employer's affirmative duty to investigate under Ramirez and Moynahan. The Board also addressed the timeliness of its action under amended section 5909, concluding it timely acted within 60 days of transmission.