WCPanelIQ
PanelDenied

Israel Reyes — ADJ12263514

ISRAEL REYES, Applicant vs. CITY OF GUADALUPE POLICE DEPT, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ12263514
Decision date
Jan 5, 2022
District office
Oxnard
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering for City of Guadalupe Police Dept, permissibly self-insured)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: heart, cardiovascular system, respiratory system

LC §3212LC §5952

Summary

Israel Reyes, a police officer for the City of Guadalupe, claimed a cumulative trauma injury (April 1, 2005 through February 16, 2019) to his heart, cardiovascular system, and respiratory system. Internal medicine AME Dr. Mark Hyman opined that applicant's multiple cardiovascular impairments should be added rather than combined under a Kite analysis because the conditions have a synergistic/additive effect on his heart, resulting in 100% permanent total disability. The WCJ adopted Dr. Hyman's opinions and found AOE/COE injury to all three systems, including respiratory based on the parties' stipulation. Defendant sought reconsideration arguing the impairments should be combined using the CVC and that respiratory injury was never alleged. The Board denied reconsideration, holding Dr. Hyman's well-reasoned reports constituted substantial evidence supporting addition under Kite, and that respiratory injury was both stipulated and supported by the Labor Code section 3212 presumption (pneumonia).

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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