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Christopher Kozak — ADJ8996494, ADJ8996352

CHRISTOPHER KOZAK, Applicant vs. CITY OF TORRANCE, permissibly self-insured, Defendant

ADJ number
ADJ8996494, ADJ8996352
Decision date
Mar 24, 2022
District office
Anaheim
WCJ
Sallie G. Doyle
Claim administrator
City of Torrance (permissibly self-insured)
Commissioners
—

Injury / body parts: low back, lumbar spine, left hip, right hip

LC §3202

Summary

Applicant Christopher Kozak, a Torrance police officer, sustained an admitted continuous trauma injury to his low back and both hips during 2012-2013, and had a prior 2017 stipulated Award for 50% permanent disability. After filing a Petition to Reopen, the WCJ issued a Findings and Award in December 2021 finding new and further disability raising permanent disability to 74%, based on the PQME Dr. Luciano's opinion that the bilateral hip impairments should be added rather than combined due to a synergistic effect (applying the Kite doctrine). Defendant City of Torrance petitioned for reconsideration, arguing the impairments should be combined, that the doctor failed to address activities of daily living, and that the record should be developed. The WCAB adopted and incorporated the WCJ's report and denied reconsideration, finding Dr. Luciano's reporting constituted substantial evidence supporting addition of impairments.

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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