IRONWOOD STATE PRISON; STATE COMPENSATION INSURANCE FUND, Adjusting Agency STANLEY HORN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTANLEY HORN, Applicant,vs.IRONWOOD STATE PRISON; STATE COMPENSATION INSURANCE FUND,Adjusting Agency, Defendants.Case No. ADJ7818955(Riverside District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued May 1, 2012, wherein the workers’ compensation administrative law judge (WCJ) found that applicant sustained an industrial cumulative injury to his “neuromuscular system, mental, heart, cardiovascular system, stroke and sleep disorder” during the period from January 1, 1994 through June 23, 2010 while employed as correctional officer. The WCJ also found that applicant sustained 100% permanent disability “without apportionment”. Defendant contends that the WCJ erred by finding 100% permanent disability arguing that there is substantial evidence supporting “apportionment of applicant’s coronary artery disease to his non- industrially related diabetes mellitus.” Defendant argues that the medical opinion of AME, Robert Meth, M.D., reported that applicant “was placed on hypoglycemic medications in the year 2000” and “that there is no evidence that applicant’s work as a correctional officer . . . had any relationship to diabetes.” Applicant filed an Answer. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ set forth the bases for the decision and specifically noted that the award was based upon the AME reports of Ronald Kent, M.D. (neurology) and Robert Meth, M.D. (internal medicine). The WCJ noted that “the parties stipulated that the combined value of the two AME opinions is 100% without apportionment, and , 96% with apportionment.” The WCJ’s Report reviews the medical opinions of Dr. Meth and Dr. Kent regarding applicant’s “cerebrovascular accident” (Report, p. 2) and coronary artery dise
STANLEY HORN vs. IRONWOOD STATE PRISON; STATE COMPENSATION INSURANCE FUND, Adjusting Agency
In this case, Stanley Horn, a correctional officer employed by the Department of Corrections, sought workers' compensation for an industrial cumulative injury to his neuromuscular system, mental, heart, cardiovascular system, stroke and sleep disorder. The workers' compensation administrative law judge found that Horn sustained 100% permanent disability without apportionment. The defendant sought reconsideration of the award, arguing that there was substantial evidence supporting apportionment of Horn's coronary artery disease to his non-industrially related diabetes mellitus. The WCJ denied the petition for reconsideration, noting that the award was based upon the medical opinions of two AMEs and that the parties had stipulated that the combined value of the two AME opinions was 100% without
- Filed On:
- Court: California, Riverside
- Case No. ADJ7818955
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