WCPanelIQ
PanelRemanded

Mark Mastro — ADJ8081881

MARK MASTRO, Applicant vs. STATE OF CALIFORNIA, Legally Uninsured, Defendant

ADJ number
ADJ8081881
Decision date
Feb 21, 2021
District office
Riverside
WCJ
—
Claim administrator
State Compensation Insurance Fund (for California Department of Corrections and Rehabilitation, Legally Uninsured)
Commissioners
—

Injury / body parts: heart, psyche, hypertensive cardiovascular system

LC §4659LC §4663LC §3212.2LC §5313LC §5903LC §5952

Summary

Mark Mastro, a correctional officer, sustained a cumulative trauma injury to his heart and psyche from February 2, 2007 through September 24, 2011, and the WCJ awarded 75% permanent disability after apportionment. Applicant sought reconsideration on five grounds, including the WCJ's failure to follow the parties' stipulation regarding a 15% PD increase, the apportionment of hypertensive cardiovascular impairment in light of the anti-attribution clause, the sufficiency of the AME's apportionment opinion, attorney fee specification, and the WCJ's failure to address whether submitted vocational evidence rebutted the scheduled rating. The Board found applicant was denied a final decision addressing all issues because the WCJ never considered or discussed the admitted vocational reports of Hodson and Goldfarb. The Board granted reconsideration, deferred the findings on permanent disability and attorney fees, and returned the matter to the trial level for a new final decision considering the vocational evidence.

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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