Anthony Meyn vs. Lacmta; Permissibly Self-insured, As Administered By Lacma; Travelers Insurance

In this case, the Los Angeles County Metropolitan Transit Authority (LACMTA) was permissibly self-insured and administered by LACMA. The applicant, Anthony Meyn, was employed as a bus driver and alleged a cumulative trauma injury to his heart in the form of high blood pressure, and to his back. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, affirming the Findings and Award that the applicant sustained 40% permanent disability, after apportionment, and apportioned liability between the defendant and the self-insured employer, based upon their respective periods of coverage.

LACMTA; Permissibly Self-Insured, As Administered By LACMA; Travelers Insurance Anthony Meyn WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTHONY MEYN, Applicant,vs.LACMTA; Permissibly Self-Insured, As Administered By LACMA; TRAVELERS INSURANCE, Defendants.Case No. ADJ461872 (MON 0305024)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant, Travelers Insurance, on behalf of its insured, Los Angeles County Metropolitan Transit Authority, seeks reconsideration of the Findings and Award, issued December 7, 2010, in which a workers’ compensation administrative law judge (WCJ) found applicant, Anthony Meyn, while employed as a bus driver, sustained an industrial cumulative trauma injury over the period ending June 8, 2002, to his bilateral wrists, lumbar spine, hypertension and heart. The WCJ found applicant sustained 40% permanent disability, after apportionment, and apportioned liability between Travelers and the self-insured employer, based upon their respective periods of coverage.            Travelers contests the WCJ’s finding of the date of cumulative trauma injury through June 8, 2002, under Labor Code section 5500.5, contending that the evidence establishes the date of injury is the period ending July 16, 1998, during the employer’s self-insured period of coverage, when applicant first suffered a work-related disability when he was diagnosed with hypertension, rendering the self-insured employer liable during the applicable period of injurious exposure.            Following our review of the record, and for the reasons set forth below, we shall affirm the WCJ’s Findings and Award and will deny defendant’s petition for reconsideration. , I.            Applicant was employed as a bus driver by the Los Angeles County Metropolitan Transit Authority (LACMTA), beginning part-time in October of 1994, becoming a full time driver in June of 1997, until his injury caused him to stop working on June 8, 2002.            Applicant testifie

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