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PanelMed-legalGranted

Mark Edgren — ADJ11922456

MARK EDGREN, Applicant vs. THE CITY OF OCEANSIDE, permissibly self-insured, administered by ADMINSURE, INC., Defendants

ADJ number: ADJ11922456
Decision date: Feb 28, 2021
District office: San Diego
WCJ: —
Claim administrator: AdminSure, Inc.
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: gastrointestinal system (GERD), hiatal hernia

LC §5952LC §3202.5LC §3212

Summary

Applicant Mark Edgren, an Oceanside police officer, claimed industrial GERD and was found by the WCJ to have 13% permanent disability after apportionment based on AME Dr. Bressler's report. Dr. Bressler attributed impairment to three factors: a hiatal hernia (industrial by statutory presumption), external compression from duty belt/vest, and a genetic predisposition, then apportioned two-thirds industrial and one-third nonindustrial using a 'simple but rational tally method.' The Board granted reconsideration, finding Dr. Bressler's apportionment opinion was not substantial evidence because he failed to explain the 'relative equivalency' of contributions or how and why each factor caused the assigned disability percentage. The Board further held that under Labor Code section 3212, the hernia is presumed industrial and cannot be attributed to any prior disease, so disability arising from the hernia could not be apportioned. The Board amended the award to find 20% permanent partial disability with no apportionment.

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.