Yul Long vs. City Of Long Beach, Permissibly Self-Insured

City Of Long Beach, Permissibly Self-Insured Yul Long WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAYUL LONG, Applicant,vs.CITY OF LONG BEACH,Permissibly Self-Insured, Defendant.Case No. ADJ7447846 (Van Nuys District Office)OPINION AND DECISION AFTER RECONSIDERATION            On July 11, 2012, we granted defendant’s Petition for Reconsideration of the April 27, 2012 Findings and Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant, while employed as a police officer on July 2, 2010, sustained industrial injury “in [the] form of hypertension, and hemorrhagic stroke, and total paralysis such that he has lost the use of his hands, has practically [sic] total paralysis, incurable mental incapacity and by way of injury to his brain, heart and cardiovascular system.” The WCJ further found that the injuries caused 100% unapportioned permanent disability. We granted reconsideration in order to allow us time to further study the factual and legal issues in this case. We now issue our Opinion and Decision After Reconsideration.            Defendant contends that the WCJ erred in finding 100% permanent disability without apportionment, arguing that total disability found under Labor Code section1 4662 is subject to section 4663(a) apportionment and arguing that applicant’s stroke or brain injury is not covered under the presumptions of section 3212 et al., and, therefore, not covered by the anti-attribution clause of section 4663(e). Defendant further contends that the WCJ erred in awarding an attorney fee calculated using an improper life expectancy. 1 All further statutory references are to the Labor Code, unless otherwise noted. ,             Applicant filed an Answer. The WCJ issued a Report and Recommendation for Petition for Reconsideration (Report) recommending that we deny reconsideration.I.            Based on our review of the record and for the reasons discussed below, we will affirm the WCJ’s dec

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