July 2012

In this case, John Laser, an applicant, filed a Petition for Reconsideration against the City of Oceanside Police Department and the City of Oceanside. The Petition was denied by the Workers’ Compensation Appeals Board. The Board found that the applicant was entitled to the “duty belt” presumption of industrial back injury and, under section 4663(e), apportionment under section 4663 of injuries covered by the section 3213.2 presumption (among others) is not permissible. The Board also found that the defendant failed to produce substantial medical evidence that discussed and outlined overlap between the 1997 PDRS and the AMA guides lumbar spine impairment, and thus failed to meet their burden of proof on the issue of app

This case involves a dispute between Thomas Gregoryk, an applicant, and the State of California, California Highway Patrol Officers, Legally Uninsured; State Compensation Insurance Fund/State Contract Services, Adjusting Agency, defendants. Gregoryk was employed as a sergeant traffic officer from July 17, 1977 to September 29, 2003 and sustained industrial injury in the form of myeloid leukemia/cancer and erectile dysfunction, causing temporary disability from January 18, 2010 to November 17, 2010. The Workers’ Compensation Appeals Board granted reconsideration and amended the temporary disability period to and including November 17, 2010, and returned the matter for further development of the medical record with respect to the issue of reservation of jurisdiction over permanent disability due to insidious progressive disease.