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PanelGranted

Brian Watley — ADJ11310844, ADJ11182494

BRIAN WATLEY, Applicant vs. SACRAMENTO METROPOLITAN FIRE DISTRICT, PSI, and SACRAMENTO COUNTY FIRE PROTECTION DISTRICT, PSI administered by NCSDIA, Defendants

ADJ number: ADJ11310844, ADJ11182494
Decision date: Mar 25, 2021
District office: Sacramento
WCJ: Darcy Kosta
Claim administrator: NCSDIA (administrator for Sacramento County Fire Protection District, PSI)
Commissioners: DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: heart

Summary

Applicant Brian Watley sustained a stipulated industrial heart injury on December 15, 1999 while working for the Sacramento Metropolitan Fire District. The WCJ found a 9% whole person impairment but, in the January 4, 2021 decision, the rating was not properly adjusted for applicant's age (32 at the time of injury), resulting in an incorrect permanent disability percentage. Defendant filed a Petition for Reconsideration arguing the permanent disability should be 15% after age adjustment. The WCJ agreed, noting the petition had been mislabeled as a 'Petition-Other' and was not discovered in time to amend the original Findings and Award. The Board granted reconsideration, adopted the WCJ's report, and amended Finding #3 to reflect 15% permanent disability, otherwise affirming the decision.

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.