What the panel ordered
Prior Joint Findings of Fact, Award and Orders issued June 7, 2023, rescinded; matter returned to WCJ for further proceedings consistent with WCAB opinion.
Petitions for reconsideration filed by both applicant and defendant; WCAB granted reconsideration, rescinded prior decision, and returned matter to WCJ for further proceedings on stipulations filed by parties.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCJ found cumulative injuries and apportionment issues, but the WCAB rescinded the decision and returned the matter for further proceedings on stipulations, so no final outcome on these issues was reached.
From the decision · page 1applicant and defendant County of Kern each petition for reconsideration of the Joint Findings of Fact, Award and Orders issued by the workers' compensation administrative law judge (WCJ) in this matter on June 7, 2023. In that decision, the WCJ found in case ADJ12877716 that applicant sustained cumulative injury to his right knee, neck, back, right hip, right shoulder, feet, skin, psyche, cardiopulmonary system including heart and in the forms of gastroesophageal reflux disorder and sleep apnea arising out of and in the course of his employment as a fire captain by defendant during the period from 1983 to June 1, 2019, resulting in permanent partial disability of 96% and need of further medical treatment. The WCJ also found in cases ADJ11814948 and ADJ12877669 that applicant did not sustain an injury to his hands arising out of and in the course of his employment on February 26, 2017.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
WCJ found cumulative injury to multiple body parts including right knee, neck, back, right hip, right shoulder, feet, skin, psyche, cardiopulmonary system including heart, and gastroesophageal reflux disorder and sleep apnea arising out of employment.
Favours Applicant prevailed
This finding was the basis for the initial award and apportionment issues raised in reconsideration petitions.
From the decision · page 1applicant and defendant County of Kern each petition for reconsideration of the Joint Findings of Fact, Award and Orders issued by the workers' compensation administrative law judge (WCJ) in this matter on June 7, 2023. In that decision, the WCJ found in case ADJ12877716 that applicant sustained cumulative injury to his right knee, neck, back, right hip, right shoulder, feet, skin, psyche, cardiopulmonary system including heart and in the forms of gastroesophageal reflux disorder and sleep apnea arising out of and in the course of his employment as a fire captain by defendant during the period from 1983 to June 1, 2019, resulting in permanent partial disability of 96% and need of further medical treatment. The WCJ also found in cases ADJ11814948 and ADJ12877669 that applicant did not sustain an injury to his hands arising out of and in the course of his employment on February 26, 2017.
WCJ found no injury to applicant's hands arising out of employment on February 26, 2017, in cases ADJ11814948 and ADJ12877669.
Favours Defendant prevailed
This finding was contested by applicant in reconsideration petition regarding hand injury claim.
From the decision · page 1applicant and defendant County of Kern each petition for reconsideration of the Joint Findings of Fact, Award and Orders issued by the workers' compensation administrative law judge (WCJ) in this matter on June 7, 2023. In that decision, the WCJ found in case ADJ12877716 that applicant sustained cumulative injury to his right knee, neck, back, right hip, right shoulder, feet, skin, psyche, cardiopulmonary system including heart and in the forms of gastroesophageal reflux disorder and sleep apnea arising out of and in the course of his employment as a fire captain by defendant during the period from 1983 to June 1, 2019, resulting in permanent partial disability of 96% and need of further medical treatment. The WCJ also found in cases ADJ11814948 and ADJ12877669 that applicant did not sustain an injury to his hands arising out of and in the course of his employment on February 26, 2017.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code
Labor Code
Applied to apportionment and injury claims
From the decision · page 1applicant and defendant County of Kern each petition for reconsideration of the Joint Findings of Fact, Award and Orders issued by the workers' compensation administrative law judge (WCJ) in this matter on June 7, 2023. In that decision, the WCJ found in case ADJ12877716 that applicant sustained cumulative injury to his right knee, neck, back, right hip, right shoulder, feet, skin, psyche, cardiopulmonary system including heart and in the forms of gastroesophageal reflux disorder and sleep apnea arising out of and in the course of his employment as a fire captain by defendant during the period from 1983 to June 1, 2019, resulting in permanent partial disability of 96% and need of further medical treatment. The WCJ also found in cases ADJ11814948 and ADJ12877669 that applicant did not sustain an injury to his hands arising out of and in the course of his employment on February 26, 2017.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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