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PanelDenied

Robert Carter — ADJ10625599, ADJ11025566

ROBERT CARTER, Applicant vs. CITY OF LOS ANGELES, Permissibly Self-Insured, Adjusted By TRISTAR RISK MANAGEMENT, Defendant

ADJ number: ADJ10625599, ADJ11025566
Decision date: Feb 18, 2021
District office: Van Nuys
WCJ: Sandra Rosenfeld
Claim administrator: Tristar Risk Management (for City of Los Angeles, Permissibly Self-Insured)
Commissioners: —

Injury / body parts: neck, heart, hands, wrists

LC §3212LC §3212.5LC §3212.3LC §4663LC §5903CCR §10940CCR §10955

Summary

Robert Carter, a Los Angeles police officer, sustained a specific injury on September 30, 2016 (neck and heart) and a cumulative trauma injury ending July 3, 2017 (bilateral hands/wrists and heart). The WCJ applied the Labor Code section 3212.5 heart trouble presumption and section 4663(e), which exempts presumptive heart conditions from apportionment, and issued a single joint award of 79% permanent disability covering both injuries. Defendant sought reconsideration, conceding the heart should be rated jointly but arguing the neck and hands/wrists disabilities should be rated separately as distinct injuries under Benson. The WCAB denied reconsideration, adopting the WCJ's report and reasoning that when non-presumptive body parts are inextricably linked with presumptive heart conditions across overlapping dates of injury, a single joint award is required to avoid violating section 4663(e). The Board relied on prior panel decisions Delia and Zuniga.

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.