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Glenn Garcia — ADJ9015624

GLENN GARCIA, Applicant vs. COUNTY of VENTURA, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ9015624
Decision date
Apr 12, 2022
District office
Oxnard
WCJ
—
Claim administrator
Sedgwick Claims Management Services
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: circulatory system (heart/hypertensive heart disease), ears/hearing loss, neck/cervical spine, back/lumbar spine, right shoulder/upper extremities, hips/left hip, right knee/lower extremities, left ankle/Achilles, digestive system, respiratory system

LC §139.5LC §5407LC §5410LC §5803LC §5804LC §5909CCR §10534

Summary

Applicant, a fire fighter/battalion chief, settled a circulatory system (hypertensive heart disease) and hearing loss claim by Stipulations with Award on May 15, 2015. He then filed a Petition to Reopen and Amended Applications adding numerous orthopedic body parts, digestive, and respiratory systems, alleging new and further disability based on a worsening arrhythmia and additional injuries. The WCJ found no new and further disability and ordered applicant take nothing on his Petition to Reopen. On reconsideration, the Board agreed that the orthopedic claims were essentially new injury claims not subject to a section 5410 Petition to Reopen and that applicant failed to show good cause to reopen under section 5803, but found the ear/hearing loss claim was properly raised because it had been pled but not adjudicated in the original Award. The Board rescinded the F&O and returned the matter to the WCJ to address the bilateral ear cumulative injury claim.

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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