Stanley Holder vs. Country Of Nevada; Permissibly Self-insured By York 61958 Roseville

This case involves a dispute between Stanley Holder, an applicant, and the County of Nevada, a defendant, over whether Holder's heart disease was caused by his employment as a Deputy Sheriff. The Workers' Compensation Appeals Board found that Holder's heart disease was industrial and that he was entitled to 20% permanent disability, with each disability payment remaining to be paid from the date of the end of the 60 days when the disability became permanent and stationary to be increased by 15 percent. The Board also found that the reasonable value of the services and disbursements of Holder's attorney was $2,600.00.

Country Of Nevada; Permissibly Self-Insured by York 61958 Roseville Stanley Holder WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTANLEY HOLDER, Applicant,vs.COUNTY OF NEVADA; Permissibly Self-Insured by YORK 61958 ROSEVILLE, Defendant(s).Case No. ADJ6743994OPINION AND ORDERS DENYING DEFENDANT’S PETITION FOR RECONSIDERATION, GRANTING APPLICANT’S PETITION FOR RECONSIDERATION. AND DECISION AFTER RECONSIDERATION            Applicant and defendant both seek reconsideration of the Findings and Award of November 9, 2010, in which the workers’ compensation judge (WCJ) found, in relevant part, that applicant, while employed during the period August 1, 1993 through July 30, 2006 as a Deputy Sheriff by the County of Nevada, sustained industrial injury to his circulatory system and heart. causing permanent disability of 4%, after apportionment.            Applicant’s petition for reconsideration contends that the WCJ erred in relying on Dr. Wiggins, the Agreed Medical Evaluator (AME), to apportion permanent disability caused by applicant’s heart disease.            Defendant filed an answer.            Defendant’s petition for reconsideration contends that Dr. Wiggins’ supplemental report of March 9, 2010 does not support the WCJ’s finding that applicant’s employment contributed to his heart attack in 2006, and that the WCJ failed to follow Labor Code section 4658 to allow defendant a 15% reduction in permanent disability based on applicant’s return to regular work.            Applicant filed an answer. ,             First we address defendant’s objection to the WCJ’s finding that applicant sustained industrial injury to his heart. Dr. Wiggins, the AME, opined in her report of November 20, 2009 that applicant’s heart disease was 100% caused by his personal risk factors of untreated high cholesterol, being overweight, having a sedentary lifestyle, and positive family history of premature heart disease. As pointed out in the WCJ’s Report, however, Dr. Wiggins’ opini

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