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PanelDenied

Thomas Santiago — ADJ11644990

THOMAS SANTIAGO, Applicant vs. CALIFORNIA HIGHWAY PATROL, legally uninsured; administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ11644990
Decision date: May 22, 2022
District office: Pomona
WCJ: Monika Reyes
Claim administrator: State Compensation Insurance Fund
Commissioners: —

Injury / body parts: heart (hypertension/heart trouble)

LC §3212LC §4663LC §4664

Summary

California Highway Patrol officer Thomas Santiago sustained an industrial cumulative trauma injury to the heart (hypertension) covered by the heart trouble presumption under Labor Code section 3212. He had a prior cumulative trauma award of 43% (18% attributable to heart trouble) and a current cumulative trauma rated at 55% due to heart trouble, with undisputed overlap between the two disabilities. Defendant sought apportionment under section 4664 to subtract the prior 18% heart award from the current 55% award. The WCJ found, and the WCAB affirmed, that the anti-attribution provision of section 4663(e) precludes such apportionment for presumptive injuries under section 3212. The Board denied reconsideration, holding that the anti-attribution clause applies to apportionment under section 4664(b) as well as 4664(a).

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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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.

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.

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.

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.

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.

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.