Home/Case Law/DOUGLAS DEES vs. SOUTH COAST PLAZA SECURITY, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN SAFETY CASUALTY COMPANY
Regular DecisionReconsideration

DOUGLAS DEES vs. SOUTH COAST PLAZA SECURITY, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN SAFETY CASUALTY COMPANY

Filed: Jun 13, 2008
AHM 0118316 AHM 0118317 AHM 0118318

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded prior findings because the WCJ failed to properly determine the date of cumulative injury and ensuing liability. The Board remanded the case for further proceedings to establish the date of injury under Labor Code section 5412 and then determine insurer liability under section 5500.5. This allows for proper joinder of parties and clarification of coverage periods, which are essential for apportioning liability in cumulative trauma cases.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded prior findings because the WCJ failed to properly determine the date of cumulative injury and ensuing liability. The Board remanded the case for further proceedings to establish the date of injury under Labor Code section 5412 and then determine insurer liability under section 5500.5. This allows for proper joinder of parties and clarification of coverage periods, which are essential for apportioning liability in cumulative trauma cases.

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