Case Law Database

GENNADY LIUBIMSKY vs. SHERATON FISHERMAN'S WHARF, ZURICH AMERICAN INSURANCE COMPANY

This case involves an applicant alleging back injury from a 1995 specific incident and a cumulative trauma (CT) ending in 2006. The Appeals Board rescinded the previous award because unresolved issues remained, including the date of CT injury, apportionment between multiple potential injuries, and the applicable permanent disability rating schedule. Zurich, the current carrier, sought reconsideration arguing the CT claim was time-barred. The Board remanded the case for further proceedings to clarify these complex issues and ensure proper application of apportionment law.