Manuel Sierra — ADJ22400130

LAPD police officer Manuel Sierra contracted COVID-19 on three occasions (February 2020, December 2020, and November 2022), with associated respiratory and asthma symptoms. The claim was handled through the City of Los Angeles/LAPPL ADR program, and an arbitrator found applicant sustained two cumulative trauma injuries, that the COVID/respiratory/asthma was caused by the first CT ending February 2020, that no apportionment applied, and that the claim was not barred by the statute of limitations. Defendant sought reconsideration arguing no substantial medical evidence supported merging the COVID infections into cumulative trauma and that the claim was time-barred. The Board granted reconsideration, holding that the three distinct COVID infections cannot be merged into a single cumulative injury under the anti-merger provisions of sections 3208.2 and 5303, and that the AME's analysis failed to apply the COVID presumptions (section 3212.87) and was not substantial medical evidence on causation of the November 2022 infection. The Board rescinded the Findings and Award and remanded for further proceedings and additional medical reporting.