Walter O’sullivan (deceased); Kimberley O’sullivan (widow); K Ashleigh O’sullivan, Ryan O’sullivan vs. County Of Los Angeles, Permissibly Self-insured, Administered By Tristar Irvine

In this case, the County of Los Angeles was found liable for a death benefit of $320,000 to the dependents of a deceased deputy sheriff who had sustained industrial injuries to his spine. The County argued that the death benefit should be $160,000 based on the specific injury dates, but the Workers' Compensation Appeals Board granted reconsideration and rescinded the decision, returning the matter to the WCJ for further proceedings to develop the record and a new decision. The medical evidence presented was found to be inadequate to support the WCJ's finding of cumulative injury, and the record and medical evidence must be developed according to the principles set forth in Tyler v. Workers' Comp. Appeals Bd. and McChme v. Workers' Comp

Filed On:August 5, 2010
Court: California, Van Nuys
Case No. ADJ1405896

County Of Los Angeles, Permissibly Self-Insured, Administered By Tristar Irvine Walter O’Sullivan (Deceased); Kimberley O’Sullivan (Widow); K Ashleigh O’Sullivan, Ryan O’Sullivan WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWALTER O’SULLIVAN (DECEASED); KIMBERLEY O’SULLIVAN (WIDOW); KASHLEIGH O’SULLIVAN, RYAN O’SULLIVAN, Applicant,vs.COUNTY OF LOS ANGELES, Permissibly Self-Insured, Administered By TRISTAR IRVINE, DefendantCase No. ADJ1405896OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on May 18, 2010, wherein the WCJ found that decedent, while employed as a deputy sheriff from 1994 through May 2, 2007, sustained industrial injury’ to his spine resulting in his death. The WCJ awarded a death benefit in the sum of $320,000.00. Previously, on May 9, 2005, the WCJ approved the panics’ stipulations that decedent suffered two specific injuries, one_k> his neck on January 13, 1999 (VNO 0475899) causing 11% permanent disability, and one to his spine on June 6. 2003 (VNO 0475898) causing 14% permanent disability. Defendant contends the WCJ erred in awarding a death benefit of $320,000.00 based on a cumulative trauma date of injury’ (1994 through May 2, 2007), arguing that, based on the specific injury dates of January’ 13, 1999 and June 6, 2003, the death benefit should be $160,000.00 pursuant to I.abor Code section 4702.’ Defendant also contends that the opinion of agreed medical 1 Unless otherwise stated, all further statutory references are to the Lahor Code. , examiner (AME) Mark Hyman, M.D., on which the WCJ relied, does not constitute substantial evidence. We have considered the petition for reconsideration and we have reviewed the record in this matter. Applicants, the injured worker’s surviving dependents, filed an answer. The WCJ has filed a Report and Recommendation on

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