WCPanelIQ
PanelGranted

Garcia, Michael

MICHAEL GARCIA, Applicant vs. CITY OF SEASIDE, permissibly self-insured; administered by ATHENS ADMINISTRATORS, Defendants

ADJ number
ADJ13458859
Decision date
Apr 7, 2024
District office
Salinas
WCJ
—
Claim administrator
Athens Administrators (for City of Seaside, permissibly self-insured)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PATRICIA A. GARCIA, DEPUTY COMMISSIONER

Injury / body parts: psyche/nervous system, heart, cardiovascular system (hypertension)

LC §4850LC §5900LC §5911LC §5313LC §5907LC §5908LC §5908.5LC §5803LC §5901LC §5950

Summary

Firefighter Michael Garcia filed claims against the City of Seaside (self-insured, administered by Athens Administrators) for hypertension cumulative injuries and a separate psychiatric cumulative injury. A WCJ found defendant owed Labor Code section 4850 benefits for one year beginning November 9, 2021 (less amounts already paid), and the Appeals Board affirmed in a February 7, 2024 Decision. After defendant filed a Petition for Writ of Review, the Board, on its own motion under Labor Code sections 5900(b) and 5911, granted reconsideration of its own prior decision within the 60-day statutory window. The Board expressed concern about whether applicant suffered one or multiple injuries given his continuous firefighting exposure through November 1, 2020, and whether the record was adequately developed. The Board deferred a final decision after reconsideration pending further review of the merits and the entire evidentiary record.

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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