Home/Case Law/RAQUEL GARCIA vs. CON AGRA FOODS, INC., OLD REPUBLIC INSURANCE COMPANY, SEDGWICK CMS, BASIC AMERICAN, CIGA for LUMBERMAN'S MUTUAL CASUALTY COMPANY in liquidation
Regular DecisionRegular Panel Decision

RAQUEL GARCIA vs. CON AGRA FOODS, INC., OLD REPUBLIC INSURANCE COMPANY, SEDGWICK CMS, BASIC AMERICAN, CIGA for LUMBERMAN'S MUTUAL CASUALTY COMPANY in liquidation

Filed: Feb 14, 2023
San Diego
ADJ2466188, ADJ4344781, ADJ4528511

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm a prior order vacating a change of administrator and to affirm the original findings and award. The WCAB found the December 5, 2022 order changing administrators was void due to lack of due process. They also affirmed the November 21, 2022 findings, adopting the WCJ's reasoning that the applicant's bilateral knee injury constituted a single cumulative trauma ending in 2005, supported by medical evidence, despite prior specific knee injuries. The WCAB determined that the date of injury was established when the AME opined on cumulative trauma to the knees in 2008, as the applicant's prior work aggravated these conditions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm a prior order vacating a change of administrator and to affirm the original findings and award. The WCAB found the December 5, 2022 order changing administrators was void due to lack of due process. They also affirmed the November 21, 2022 findings, adopting the WCJ's reasoning that the applicant's bilateral knee injury constituted a single cumulative trauma ending in 2005, supported by medical evidence, despite prior specific knee injuries. The WCAB determined that the date of injury was established when the AME opined on cumulative trauma to the knees in 2008, as the applicant's prior work aggravated these conditions.

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