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PanelGranted

John Frye — ADJ12199445

JOHN FRYE, Applicant vs. CITY OF NORCO, Permissibly Self-Insured, Administered By ADMINSURE, Defendant

ADJ number: ADJ12199445
Decision date: Nov 14, 2021
District office: Riverside
WCJ: —
Claim administrator: AdminSure (administrator for City of Norco, Permissibly Self-Insured)
Commissioners: —

Injury / body parts: heart, hypertension/hypertensive heart disease, atrial fibrillation, skin

LC §3212LC §4663LC §4659

Summary

John Frye, a fire chief for the City of Norco, sustained a cumulative industrial injury to his heart through March 27, 2019. The WCJ found industrial injury but denied application of the Labor Code section 3212 heart trouble presumption on the ground that Frye did not actively fight fires, resulting in 65% apportionment to non-industrial factors and a 39% permanent disability award. On reconsideration, the WCAB held that section 3212 does not require a city or county fire department member to be an active firefighter—only that the member's principal duties not be clerical. Because a fire chief is not in a clerical position, Frye was covered by the presumption and his injury was exempt from apportionment under section 4663(e). The Board rescinded the WCJ's decision and issued an unapportioned award of 87% permanent disability plus a life pension.

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.