Michael Garvey vs. City Of Los Angeles; Permissibly-self-insured, C/o Tristar Risk Management

City Of Los Angeles; Permissibly-Self-Insured, c/o Tristar Risk Management Michael Garvey WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL GARVEY, Applicant,vs.CITY OF LOS ANGELES; Permissibly-Self-Insured, c/o TRISTAR RISK MANAGEMENT, Defendant(s).Case No. ADJ4693006 (VNO 0529733) OPINION AND DECISION AFTER RECONSIDERATION            We previously granted applicant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Applicant sought reconsideration of the August 2, 2010 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed as a police officer during the period June 8, 1996, through February 7, 2002, sustained industrial injury to the heart (coronary artery disease and cardiac arrhythmias) and hypertension, causing permanent disability of 47 percent, after apportionment to applicant’s prior industrial injury involving hypertension and coronary artery disease. The WCJ found no apportionment regarding cardiac arrhythmia. She found a presumption of injury under Labor Code section 3212.5.1            Applicant contended the WCJ erred in finding 47 percent, instead of 72 percent, permanent disability, arguing that the WCJ should have apportioned permanent disability by subtracting the overlapping permanent disability resulting from his prior injury, using the current agreed medical 1            Labor Code section 3212.5 establishes a rebuttable presumption that “heart trouble” which develops or manifests during industrial. the employment of certain peace officers, including members of a police department of a city or municipality, is industrial. , evaluator’s (AME) retroactive AMA Guides 2 rating of the AME report from applicant’s prior injury, instead of relying on the AME’s alternative, and lower, apportionment opinion.            We have considered the Petition for Reconsider

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