What the panel ordered
Petition for Reconsideration is denied.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant had a prior cumulative trauma claim with a 43% award, including 18% for heart trouble, approved on October 15, 2012.
Favours Applicant prevailed
This prior award overlaps with the current 55% heart trouble rating, raising the issue of apportionment under Labor Code Section 4664.
From the decision · page 4Applicant had a prior cumulative trauma claim from 6/7/10 to 6/7/11 which resolved by Stipulations with Request for award at 43% of which 18% was attributable to heart trouble approved on October 15, 2012. Applicant subsequently filed a cumulative trauma claim September 17, 1997 to September 24, 2018 which parties agree rates at 55% due to heart trouble. Parties do not dispute that there is overlap between the permanent disabilities given for the two injuries. The only issue is whether applicant's prior 18% heart trouble award should be subtracted from the current 55% award under Labor Code Section 4664 or whether said subtraction is precluded by the anti-attribution language contained in Labor Code Section 4663(e) for specified public employees under Labor Code Section 3212.