LARRY SALIT vs. ALPHA INDUSTRIES; CHARTIS COSTA MESA; CITY OF INGLEWOOD

and ADJ2465830 (VNO 0334877) is a case in which Larry Salit, a police officer and IT Technician, claimed to have sustained an industrial injury to his back, TMJ, hearing, neck, both upper extremities, and fibromyalgia, as well as irritable bowel syndrome (IBS). The Workers' Compensation Appeals Board found that Salit did not sustain injury to IBS and that 15 1⁄2% of the permanent disability caused by his fibromyalgia was apportioned to prior injuries. The Court of Appeal granted Salit's Petition for Writ of Review, held that the WCJ's finding of no industrial IBS was not based on substantial evidence, and held that there was

ALPHA INDUSTRIES; CHARTIS COSTA MESA; CITY OF INGLEWOOD LARRY SALIT WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALARRY SALIT, Applicant,vs.ALPHA INDUSTRIES; CHARTIS COSTA MESA; CITY OF INGLEWOOD, Defendants.Case Nos. ADJ1170386 (OXN 0133453)ADJ2465830 (VNO 0334877)(Van Nuys District Office)OPINION AND DECISION AFTER REMITTITUR            On November 17, 2011, the Court of Appeal, Second Appellate District, Division Four, filed an unpublished opinion in Salit v. Workers’ Comp. Appeals Bd. 76 Cal.Comp.Cases 1129. The Court annulled our Opinion and Order Denying Reconsideration dated May 17, 2010, and remanded the matter for further proceedings. This is our Decision After Remittitur.            In ADJ2465830, applicant, while employed as a police officer on October 11, 1995, sustained an industrial injury to his back, TMJ, hearing, neck, both upper extremities, and fibromyalgia, and claimed to have sustained injury in the form of irritable bowel syndrome (IBS). In the Second Amended Finding and Award dated February 23, 2010, the workers’ compensation administrative law judge (WCJ) found in relevant part that he did not sustain injury to IBS and that 15 1⁄2% of the permanent disability caused by his fibromyalgia was apportioned to prior injuries.            In ADJ1170386, applicant, while employed as an IT Technician from August 2001 to August 2002, sustained an industrial injury to his bilateral upper extremities and claimed to have sustained injury to his neck and back. In the Amended Findings and Award dated January 27, 2010, the WCJ found that he did not sustain injury to his neck and back and awarded 7% permanent disability, after apportionment, and need for further medical treatment. ,             We denied applicant’s petitions for reconsideration by Opinion and Order Denying Reconsideration dated May 17, 2010.            The Court of Appeal granted applicant’s Petition for Writ of Review; held that “because evidence that petitioner’s IBS injury was i

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