CompFox AI Summary
This case involves a dispute over the date of injury for a workers' compensation claim of cumulative upper extremity and neck trauma. The applicant alleges injury during her employment with Southern Wine & Spirits. One defendant insurer, ESIS, contends the original finding of a single date of injury was incorrect and argues for two separate cumulative trauma injuries. The Appeals Board rescinded the original order, finding the record requires further development to definitively determine the date(s) of injury under Labor Code section 5412. The matter is returned to the trial level for further evidence, including potentially further medical evaluation, to establish the correct injury date(s) before allocation of liability is addressed.
Full Decision Text1 Pages
This case involves a dispute over the date of injury for a workers' compensation claim of cumulative upper extremity and neck trauma. The applicant alleges injury during her employment with Southern Wine & Spirits. One defendant insurer, ESIS, contends the original finding of a single date of injury was incorrect and argues for two separate cumulative trauma injuries. The Appeals Board rescinded the original order, finding the record requires further development to definitively determine the date(s) of injury under Labor Code section 5412. The matter is returned to the trial level for further evidence, including potentially further medical evaluation, to establish the correct injury date(s) before allocation of liability is addressed.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.