Hoffman, Kirk

Kirk Hoffman, a chief deputy warden with CDCR (1996-2020), alleged multiple cumulative trauma injuries to his heart/circulatory and digestive systems. The WCJ found that the later-filed claim (ADJ12833099, CT through 7/31/20) 'subsumed' the earlier claims, that the claims were not statute-barred, and that defendant did not unreasonably delay benefits. Defendant sought reconsideration, disputing injury, dates of injury, subsumption, and the statute of limitations. The Board granted reconsideration, rescinded the F&A and Order Amending, and remanded for further development of the record. The Board held that the proper analysis is whether there are multiple separate cumulative injuries or one continuous cumulative injury (not 'subsumption'), that LVH found on the April 30, 2020 echocardiogram constitutes 'heart trouble' triggering the section 3212.2 presumption, and that the statute of limitations must be analyzed under section 5412 separately for each cumulative injury, including ADJ14563943.