Home/Case Law/REBECCA DUARTE vs. MOTION PICTURE \& TV FUND, Permissibly Self-Insured, ZURICH NORTH AMERICA
Regular DecisionWorkers' Compensation

REBECCA DUARTE vs. MOTION PICTURE \& TV FUND, Permissibly Self-Insured, ZURICH NORTH AMERICA

Filed: Jul 31, 2014
San Francisco
ADJ2346178 (VNO 0504730) MF ADJ862555 (VNO 0504735)

CompFox AI Summary

This case concerns an applicant's 1990 specific industrial injury that caused temporary total disability from August 2004 to September 2010. The defendant argued that the injury could not have caused this later period of disability as the applicant had returned to work and her condition was previously deemed permanent and stationary. The Workers' Compensation Appeals Board affirmed its prior decision, finding that the 1990 injury did contribute to the temporary disability period. The Board relied on medical opinions stating the specific injury and a later cumulative trauma both contributed to the applicant's condition. The court clarified legal precedent, holding that prior return to work or permanent and stationary declarations do not preclude liability for subsequent temporary disability if the original injury is a contributing factor.

Full Decision Text1 Pages

This case concerns an applicant's 1990 specific industrial injury that caused temporary total disability from August 2004 to September 2010. The defendant argued that the injury could not have caused this later period of disability as the applicant had returned to work and her condition was previously deemed permanent and stationary. The Workers' Compensation Appeals Board affirmed its prior decision, finding that the 1990 injury did contribute to the temporary disability period. The Board relied on medical opinions stating the specific injury and a later cumulative trauma both contributed to the applicant's condition. The court clarified legal precedent, holding that prior return to work or permanent and stationary declarations do not preclude liability for subsequent temporary disability if the original injury is a contributing factor.

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