Police officer Martha Ibarra sustained a cumulative trauma heart injury (DOI through Feb. 8, 2023) for which she received the full 104 weeks of LC 4850/temporary disability benefits before settling via Stipulated Award. She later filed a separate orthopedic cumulative trauma claim (DOI through Dec. 11, 2024) for which she became temporarily totally disabled on January 27, 2025. The arbitrator found the two injuries were separate and distinct—with different dates of injury under LC 5412, different mechanisms, and different body parts—and awarded a new separate period of LC 4850/TD benefits for the orthopedic injury subject to its own 104-week cap, except that the concurrent disability period (January 27, 2025 through March 10, 2025) counts against both injuries' limitation periods. Defendant petitioned for reconsideration arguing the applicant exhausted her benefit entitlement on the heart claim and never had a new exposure. The WCAB denied reconsideration, adopting the arbitrator's report which relied on Guimaraes and distinguished Foster.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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