CITY OF SANTA ANA, Permissibly Self- Insured RUFUS TANKSLEY WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARUFUS TANKSLEY, Applicant,vs.CITY OF SANTA ANA, Permissibly Self- Insured, Defendant.Case No. ADJ2005173 (AHM 0132388)OPINION AND DECISION AFTER RECONSIDERATION We earlier granted defendant’s petition for reconsideration of the September 27, 2011 Findings Award & Order of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury in the form of hypertension, hypertensive heart disease and left ventricular hypertrophy while employed as a police officer by defendant “during the period 1988 to 9/29/2009 with an injury date of 3/16/2006 per Labor Code §5412,” causing 58% permanent disability, without apportionment, and need for future medical treatment. The WCJ further found that applicant’s claim “is not barred by the Statute of Limitations.” Defendant contends that the WCJ should have found that applicant’s claim is barred by the one year limitation period contained in Labor Code section 5405 because he did not act within one year to adjudicate his 2003 claim of industrial injury in the form of high blood pressure after it was denied by defendant, that if the date of injury is said to be after January 1, 2005 the reports of Qualified Medical Examiner (QME) physicians Gary Stewart, M.D. and Prakash Jay, M.D., are inadmissible “as neither are Panel Qualified Medical Examiners (PQME)” and in the absence of those reports applicant failed to meet his burden of proof, and that the claim should be denied because applicant did not allege that he incurred injury during the last year of the cumulative trauma period before the March 16, 2006 date of injury , found by the WCJ. 1 An answer was received and the WCJ provided a Report and Recommendation on Petition for Reconsideration (Report). We affirm the WCJ’s September 27, 2011 decision as our Decision After Reconsiderati
RUFUS TANKSLEY vs. CITY OF SANTA ANA, Permissibly Self- Insured
This case is about Rufus Tanksley, a police officer who filed a workers' compensation claim in 2003 for high blood pressure. The claim was denied by the City of Santa Ana, and Tanksley did not file an application to adjudicate the claim. In 2005, Tanksley filed a second claim alleging injury to his heart and internal system during the cumulative trauma period. The City of Santa Ana again denied the claim, arguing that it was barred by the one year statute of limitation. The Workers' Compensation Appeals Board found that the claim was not barred by the statute of limitation because the injury to the heart found by the WCJ was different than the high blood pressure alleged on the 2003 claim form, and because Tanksley was a police officer the
- Filed On:
- Court: Anaheim, California
- Case No. ADJ2005173
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.