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Santiago Carreras vs. City Of Torrance

City Of Torrance Santiago Carreras WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANTIAGO CARRERAS, Applicant,vs.CITY OF TORRANCE, Defendant(s).Case No. ADJ3076919 OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the June 8, 2010 Findings and Award, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a police officer during the period June 5, 1080, through January 30, 2007, sustained industrial injury to hypertensive heart disease, heart, and bilateral knees, causing 73 percent permanent disability.            Defendant contends the WCJ erred by failing to apportion permanent disability, pursuant to Labor Code section 4664. to applicant’s 1996 stipulated award of 20 percent permanent disability for industrial ljigh blood pressure            We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the petition be denied.            For the reasons discussed below, wc will deny defendant’s petition for reconsideration.The WCJ summarized the background, as follows, at page 2 of her Report: “Applicant sustained an admitted industrial injury to his bilateral knees, heart and hypertensive heart disease occurring during the penod of 6/5/80 through 1/30/07. The parties stipulated that prior to any potential apportionment applicant sustained 73% permanent disability. Applicant’s permanent disability is in pan based upon a 40% WP1 class III hypertension classification under the AMA Guides. ,  Applicant had a previous Award of 20% for high blood pressure in regards to an injury occurring on 4/26/94. The Award is based on a restriction of mid way between no emotional stress and no severe emotional stress. As noted in the 6/8/10 Opinion on Decision there is a conclusive presumption that applicant’

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