CompFox AI Summary
This case concerns applicant Charlie Wooten's claim for cumulative trauma injuries arising from her employment as a secretary. The Workers' Compensation Appeals Board granted reconsideration to reverse the original finding that the date of injury was August 14, 1997. The Board determined, based on case law regarding "disability," that the correct date of injury is November 6, 1998, the date applicant became temporarily totally disabled for surgery. This shifts liability to Zenith Insurance, as CIGA is excluded when other coverage exists for the cumulative trauma period. The Board also remanded the neck injury claim for further determination.
Full Decision Text1 Pages
This case concerns applicant Charlie Wooten's claim for cumulative trauma injuries arising from her employment as a secretary. The Workers' Compensation Appeals Board granted reconsideration to reverse the original finding that the date of injury was August 14, 1997. The Board determined, based on case law regarding "disability," that the correct date of injury is November 6, 1998, the date applicant became temporarily totally disabled for surgery. This shifts liability to Zenith Insurance, as CIGA is excluded when other coverage exists for the cumulative trauma period. The Board also remanded the neck injury claim for further determination.
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