Home/Case Law/MICHAEL GARVEY vs. CITY OF LOS ANGELES; Permissibly-SelfInsured, c/o TRISTAR RISK MANAGEMENT
Regular DecisionReconsideration

MICHAEL GARVEY vs. CITY OF LOS ANGELES; Permissibly-SelfInsured, c/o TRISTAR RISK MANAGEMENT

Filed: May 06, 2011
San Francisco
ADJ4693006 (VNO 0529733)

CompFox AI Summary

The Appeals Board amended the WCJ's decision, finding that apportionment of permanent disability was precluded by Labor Code section 4663(e) due to the presumption of industrial heart injury for police officers. The Board further determined the defendant failed to meet its burden of proving apportionment under Labor Code section 4664. Consequently, issues of permanent disability and attorney's fees were deferred to the trial level for further proceedings. The case was returned to the WCJ for a new decision after further action.

Full Decision Text1 Pages

The Appeals Board amended the WCJ's decision, finding that apportionment of permanent disability was precluded by Labor Code section 4663(e) due to the presumption of industrial heart injury for police officers. The Board further determined the defendant failed to meet its burden of proving apportionment under Labor Code section 4664. Consequently, issues of permanent disability and attorney's fees were deferred to the trial level for further proceedings. The case was returned to the WCJ for a new decision after further action.

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MICHAEL GARVEY vs. CITY OF LOS ANGELES; Permissibly-SelfInsured, c/o TRISTAR RISK MANAGEMENT (2011) – San Francisco | CompFox