Robert Gavlin, vs. City Of Vista; Permissibly Self-Insured,

City Of Vista; Permissibly Self-Insured, Robert Gavlin, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT GRAVLIN,Applicant,vs.CITY OF VISTA; Permissibly Self-Insured,Defendant.Case No. ADJS13626 (SDO 0296833)OPINION AND ORDER GRANTING DEFENDANT’S PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant City of Vista, permissibly self-insured, seeks reconsideration of the January 13, 2017 Joint Findings And Award of the workers’ compensation administrative law judge (WCJ), who found that applicant sustained industrial cumulative trauma injury to his heart, neck and right knee, and in the form of hypertension and skin cancer while employed as a firefighter during the period January 6, 1975 to April 25, 2002, causing 74% permanent disability and need for future medical treatment. The WC] also awarded a 10% penalty pursuant to Labor Code section 4650 for non-payment of amounts due but not previously paid.1            Defendant contends the WCJ should have found separate dates of injury under section 5412 for the injury to the heart/hypertension and the skin cancer, and that separate awards should have issued for the permanent disability caused by each of those conditions instead of combining the disabilities they caused under the Multiple Disability Table (MDT) into a single award contrary to section 3208.2.2 Defendant further contends that section 4650 was improperly applied to award the 10% penalty. 1 Further statutory references are to the Labor Code. Section 4650(d) provides in pertinent part that if “any indemnity payment is not made timely as required by this section, the amount of the late payment shall be increased 10 percent and shall be paid, without application, to the employee…”2 Section 3208.2 provides as follows: “When disability, need for medical treatment, or death results from the combined effects of two or more injuries, either specific, cumulative, or both, all questions of fact and law shall be separately d

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