CompFox AI Summary
The Workers' Compensation Appeals Board rescinded prior findings, returning the case to the trial level for further proceedings. The Board found that the Applicant sustained a single continuous cumulative injury to his shoulders through his last date of employment, March 26, 2013, rather than separate injuries as previously determined. The date of injury was established as September 27, 2014, when the Applicant gained knowledge of the work-related nature of his disability. Based on Labor Code section 5500.5, liability is limited to the employer during the year preceding the last date of injurious exposure, meaning the defendant American Casualty Company may not be liable.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board rescinded prior findings, returning the case to the trial level for further proceedings. The Board found that the Applicant sustained a single continuous cumulative injury to his shoulders through his last date of employment, March 26, 2013, rather than separate injuries as previously determined. The date of injury was established as September 27, 2014, when the Applicant gained knowledge of the work-related nature of his disability. Based on Labor Code section 5500.5, liability is limited to the employer during the year preceding the last date of injurious exposure, meaning the defendant American Casualty Company may not be liable.
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