Ybarra

Summary

Petitioner seeks review of a decision by the Workers’ Compensation Appeals Board (WCAB), which adopted the recommendation of a workers’ *989 compensation administrative law judge allowing a reduction of petitioner’s workers’ compensation award by the amount of his disability retirement pension. We conclude the WCAB decision was erroneous inasmuch as petitioner’s disability retirement pension was based solely upon his work-related orthopedic injuries and was unrelated to the workers’ compensation award for a preexisting hypertension and gastrointestinal condition.

Factual and Procedural Background

This petition brought by former Los Angeles County Deputy Sheriff Raymond Ybarra involves two claims for workers’ compensation benefits. The first claim was for hypertension and for cumulative trauma to petitioner’s gastrointestinal system that occurred from 1983 to 1994. The second claim was for a work-related injury to his shoulder and knees occurring in 1997. Petitioner was awarded benefits for each of his injuries. His preexisting condition was assigned a 41 percent disability, while his subsequent orthopedic injury was deemed a 61 percent disability.

Following…