Rafael Deleon vs. State Of California, Cdcr, Mule Creek Prison, Adjusted By State Compensation Insurance Fund

(STK 0190237) In this case, Rafael Deleon was granted workers' compensation for an industrial injury to his heart, left shoulder, high blood pressure, back, neck, bilateral lower extremities and psyche. The State of California, CDCR, Mule Creek Prison, adjusted by State Compensation Insurance Fund sought reconsideration of the WCJ's decision, contending that under Labor Code section 4600, the evidence did not justify the WCJ's finding that control of applicant's diabetes was necessary to prevent heart trouble. After review of the record, the Workers' Compensation Appeals Board affirmed the WCJ's decision, finding that medical treatment for applicant's industrial heart condition was not subject to apportionment and that medications for his

State Of California, CDCR, Mule Creek Prison, adjusted by State Compensation Insurance Fund Rafael Deleon WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAFAEL DELEON, Applicant,vs.STATE OF CALIFORNIA, CDCR, MULE CREEK PRISON, adjusted by STATE COMPENSATION INSURANCE FUND, Defendant.Case No. ADJ2590975 (STK 0190237) OPINION AND DECISION AFTER RECONSIDERATION            On August 4, 2011, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration to further study the factual and legal issues. This is our decision after reconsideration.            In the Findings and Award of May 20, 2011, the workers compensation judge (WCJ) found, in relevant part, that on March 15, 2004, applicant sustained industrial injury to his heart, left shoulder, high blood pressure, back, neck, bilateral lower extremities and psyche, and that applicant “does have need for medical treatment which includes medications to treat his diabetic condition and his gastrointestinal difficulties.”            Defendant sought reconsideration of the WCJ’s decision, contending, in substance, that under Labor Code section 4600, the evidence does not justify the WCJ’s finding that control of applicant’s diabetes is necessary to prevent heart trouble.            Applicant filed an answer.            The WCJ submitted a Report and Recommendation.            Based on our review of the record and the following discussion, and for the reasons stated in the WCJ’s Report, we will affirm his decision.            Pursuant to stipulation, applicant sustained industrial injury on March 15, 2004 to his heart, left shoulder, high blood pressure, back, neck, bilateral lower extremities and psyche. The parties selected , Dr. Sobol as their Agreed Medical Evaluator (AME) in internal medicine. The matter proceeded to trial on April 26, 2011 concerning applicant’s entitlement to medications for his diabetic condition and for his gastrointestinal difficulties.1 The matter was submitted for dec

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