City of Torrange, Permissibly Self-Insured Donald Griffin WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONALD GRIFFIN, Applicant,vs.CITY OF TORRANGE, Permissibly Self-Insured, Defendants.Case No. ADJ4129353OPINION AND ORDER DENYING RECONSIDERATION Defendam seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on June 9, 2010, wherein the WCJ found that applicant, while employed as a firefighter from February 22, 1982 to May 7. 2008, sustained industrial injury’ to hypertension, cardiovascular, spine and gastrointestinal, causing 77% permanent disability after apportionment. Specifically, the WCJ apportioned 50% of applicant’s gastrointestinal reflux disease to non-industrial causes. The WCJ found no apportionment to non-industiiai causes for applicant’s hypertensive heart disease or for the injury- to the spine. Defendant contends the WCJ erred in finding no apportionment of applicant’s hypertensive heart disease, arguing that the WCJ should have found apportionment because applicant had hypertensive heart disease in 2004 and subsequent cumulative trauma. Defendant also contends that the WCJ should have apportioned applicant’s orthopedic disability among three specific back injuries and the cumulative trauma, hased on the reports of the agreed medical examiner (AME) in orthopedics. Robert B. Fenton. M.D. We have considered the petition for reconsideration and wc have reviewed the record in this matter No answer was received. The WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied. , For the reasons staled by the WCJ and for the reasons set forth below, wc will denyapplicant’s petition for reconsideration.FACTS As relevant here, the parties stipulated that applicant, while employed as a firefighter from February 22, 1982 to May 7, 2008. sustained injury arising out of and
Donald Griffin vs. City Of Torrange, Permissibly Self-insured
In this case, Donald Griffin, a firefighter, sought workers' compensation for injuries to his hypertension, cardiovascular, spine, and gastrointestinal. The Workers' Compensation Appeals Board denied his petition for reconsideration of the Findings and Award issued by a workers' compensation administrative law judge on June 9, 2010, which found that Griffin sustained industrial injury to his hypertension, cardiovascular, spine, and gastrointestinal, causing 77% permanent disability after apportionment. The Board found that the medical expert's opinion that apportioned the disability among various industrial events was too speculative to meet the Escobedo standard and that the opinion of the medical expert that no non-work related events were the cause of Griffin's hypertensive heart disease was supported by substantial evidence.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ4129353
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