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PanelQMEMed-legalGranted in Part

Luis Garcia — ADJ3482353

LUIS GARCIA (deceased) / MARLENE GARCIA, Applicant vs. LOS ANGELES COUNTY PROBATION DEPARTMENT permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES INC., Defendants

ADJ number: ADJ3482353
Decision date: Mar 1, 2022
District office: Los Angeles
WCJ: —
Claim administrator: Sedgwick Claims Management Services Inc. (administering for Los Angeles County Probation Department, permissibly self-insured)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: psyche, renal system, chronic hypertension, cardiovascular system (stroke), head

LC §3208.3CCR §10421

Summary

Deputy Probation Officer Luis Garcia claimed industrial injury to his psyche, renal system, and chronic hypertension during a cumulative trauma period in 2006-2007; he died in 2019 and his widow Marlene pursued accrued benefits. The WCJ originally found 73% permanent disability with a P&S date of September 17, 2017. On reconsideration, the applicant argued the disability factors should be added rather than combined and that the condition was P&S earlier. Relying on AME Dr. Hirsch's deposition testimony that there was no overlap between the impairments from hypertension and renal disease, the Board added those two impairments and combined the psychiatric impairment, raising the award to 95% PD with a P&S date of September 10, 2012. The Board affirmed the F&A as amended and increased the attorney fee to $13,300.

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.

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.