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Case No. ADJ4283233

Regular

Aug 03, 2009

GARY JOHNSTON vs. BAY PACIFIC PIPELINES, STATE COMPENSATION INSURANCE FUND

This case concerns Gary Johnston's claim for workers' compensation benefits for a cumulative injury to his cervical spine. Initially, the workers' compensation judge denied the claim, finding no industrial injury and citing the statute of limitations. The Appeals Board granted reconsideration, reversed the initial decision, and found that Johnston sustained a cumulative injury that was not time-barred. The Board has now denied the defendant's petition for reconsideration, affirming its prior decision that the applicant's cervical spine injury is compensable.

Workers' Compensation Appeals BoardIndustrial InjuryCervical SpinePipe LayerStatute of LimitationsReconsideration DeniedFindings and OrderOpinion and Order Granting ReconsiderationDecision After ReconsiderationCompensability

References

Case No. ADJ4283233 (SAC 0369788)

Regular

May 12, 2009

GARY JOHNSTON vs. BAY PACIFIC PIPELINES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and reversed the lower judge's decision. The WCAB found that the applicant sustained a cumulative industrial injury to his cervical spine while employed as a pipe layer. Furthermore, the WCAB determined that the claim was not barred by the statute of limitations because the applicant's employer provided medical treatment until May 2008. The case was returned to the trial level for a determination of benefits.

Workers' Compensation Appeals Boardcumulative injurycervical spinestatute of limitationsagreed medical evaluatorpipe layerheavy liftingmedical treatmentdate of injurylabor code section 5405

References

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GARY JOHNSTON vs. BAY PACIFIC PIPELINES, STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals Boardcumulative injurycervical spinestatute of limitationsagreed medical evaluatorpipe layerheavy liftingmedical treatmentdate of injurylabor code section 5405