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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ2719991 (VNO 0485134) ADJ1334047 (VNO 0428744)
Regular
Aug 20, 2009

Catalina Barajas vs. WELLPOINT HEALTH NETWORK, INC., ZURICH LOS ANGELES

This case involves an applicant who initially sustained a cumulative trauma injury to her upper extremities during a period covered by one insurer. After returning to work with modified duties, she experienced a recurrence and worsening of symptoms, necessitating further treatment and surgery, which the Board now recognizes as a separate cumulative trauma injury. The Workers' Compensation Appeals Board granted reconsideration, reversing the prior finding of a single cumulative trauma injury. The Board held that distinct periods of compensable temporary or permanent disability, as established by medical evidence and treatment, demarcate separate cumulative trauma injuries, aligning with the *Rodarte* precedent. Consequently, the applicant was found to have sustained two separate cumulative trauma injuries, each attributed to different insurance coverage periods.

cumulative traumaanti-merger doctrineLabor Code sections 3208.25303Rodartecompensable temporary disabilitypermanent disabilitywage lossmodified workbilateral upper extremities
References
3
Case No. ADJ8514073 (MF) ADJ9995510 ADJ2721680 (FRE 0187462)
Regular
Sep 24, 2018

VICTOR VILLA vs. JOE CARDOZA DAIRY, PAULA INS. in receivership by CIGA, INSURANCE COMPANY OF THE WEST, SECURITY NATIONAL administered by RISICO, REPUBLIC INDEMNITY administered by SEDGWICK

This case concerns a dispute over the dates of a cumulative trauma injury to the applicant's left knee, following an admitted 1998 specific injury. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to amend the injury period. The WCAB determined the date of cumulative trauma injury under Labor Code § 5412 was September 4, 2012, the date the applicant retained counsel and gained awareness of the cumulative trauma concept. Consequently, liability for the cumulative trauma injury under Labor Code § 5500.5 was established as September 4, 2011, to September 4, 2012.

WORKERS COMPENSATION APPEALS BOARDJOE CARDOZA DAIRYPAULA INSCIGAINSURANCE COMPANY OF THE WESTSECURITY NATIONALREPUBLIC INDEMNITYSEDGWICKVICTOR VILLASUBSEQUENT CUMULATIVE TRAUMA
References
0
Case No. ADJ8680977
Regular
Apr 28, 2014

Albert Johnson vs. Southwest Airlines, ACE USA Insurance

The Workers' Compensation Appeals Board reversed a judge's decision that barred Albert Johnson's cumulative trauma claim due to the statute of limitations. The Board found that the employer's continued provision of medical treatment for Johnson's injuries tolled the one-year statute of limitations under Labor Code section 5405(c). This treatment, provided after an initial specific injury but before the cumulative trauma claim was filed, was deemed to have also addressed the cumulative trauma elements. Therefore, Johnson's claim for cumulative trauma injury ending August 17, 2009, was found to be timely filed.

Cumulative traumaStatute of LimitationsLabor Code section 5405TollingMedical treatmentSpecific injuryRamp agentSouthwest AirlinesWorkers' Compensation Appeals BoardReconsideration
References
1
Case No. ADJ2307991 (VNO 0427797) (MF) ADJ3536405 (VNO 0336819) ADJ487962 (VNO 0533632)
Regular
Jun 14, 2018

JACQUELINE AUSTIN vs. FIRST FOURSQUARE CHURCH OF VAN NUYS, GUIDE ONE MUTUAL INSURANCE COMPANY, FREMONT, CIGA, CYPRESS INSURANCE COMPANY, FOREST LAWN MEMORIAL PARK, SAFECO INSURANCE, TRAVELERS PROPERTY CASUALTY COMPANY

This case involves an applicant who sustained two separate cumulative trauma injuries to her neck, back, and gastrointestinal system, including GERD and fibromyalgia. The Workers' Compensation Appeals Board (WCAB) affirmed the findings that the applicant suffered distinct industrial injuries during employment with First Foursquare Church (insured by Cypress) and Forest Lawn Memorial Park (insured by Travelers). Defendant Cypress contested the dating of the injury and the finding of two separate cumulative trauma periods, while Travelers challenged the sufficiency of medical evidence for one injury. The WCAB found Cypress waived the issue of one versus two cumulative trauma injuries by failing to raise it timely. Ultimately, the WCAB adopted the WCJ's findings, confirming the two separate cumulative trauma periods and the respective carrier liabilities.

Workers' Compensation Appeals BoardReconsiderationCumulative TraumaDate of InjuryLabor Code Section 5412Labor Code Section 5500.5Findings of FactAward and OrderAdministrative Law JudgeCypress Insurance Company
References
9
Case No. ADJ1560142 (SFO 0418414) ADJ2358122 (SFO 0500361)
Regular
Sep 13, 2010

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.

Workers' Compensation Appeals BoardGennady LiubimskySheraton Fisherman's WharfZurich American Insurance CompanyADJ1560142ADJ2358122Opinion and Decision After ReconsiderationCumulative TraumaStatute of LimitationsPetition to Reopen
References
4
Case No. ADJ12138014 ADJ10965293
Regular
Jan 21, 2020

DONALD WRIGHT vs. FEDERAL EXPRESS CORPORATION

The WCAB denied Defendant Federal Express Corporation's Petition for Reconsideration, upholding the WCJ's finding that applicant Donald Wright is entitled to a separate Agreed Medical Evaluator or Qualified Medical Examiner for his cumulative trauma (CT) claim. Defendant argued applicant waived this right by not filing a claim form for the CT claim, citing *Navarro v. City of Montebello*. However, the Board found that while the initial finding of injury AOE/COE was a threshold issue, the entitlement to a separate QME for the CT claim was interlocutory. As Defendant failed to demonstrate significant prejudice or irreparable harm, removal was denied.

WORKERS' COMPENSATION APPEALS BOARDDONALD WRIGHTFEDERAL EXPRESS CORPORATIONADJ12138014ADJ10965293Petition for ReconsiderationFindings of FactWCJcumulative trauma (CT) claimpanel qualified medical evaluator (QME)
References
5
Case No. ADJ9682348
Regular
Jan 17, 2023

SAMUEL RAMIREZ vs. AEROTEK/ACE AMERICAN INSURANCE administered by ESIS, STAFFING NETWORK/CIGA by its servicing agent SEDGWICK CMS for LUMBERMANS UNDERWRITING in liquidation, ANTHONY INTERNATIONAL INC. Insured by LIBERTY MUTUAL INSURANCE, ROTH STAFFING COMPANIES insured by XL INSURANCE AMERICA administered by SEDG

The Workers' Compensation Appeals Board granted reconsideration to address CIGA's contention that the statute of limitations did not bar the applicant's amendment of his claim from a specific injury to a cumulative trauma injury. The Board found that the amended application related back to the original timely filed application, as both parties understood the injury was cumulative, and benefits were provided accordingly. The presence of multiple defendants, including CIGA, does not preclude amendments to conform to proof, especially given Labor Code Section 5500.5 concerning cumulative trauma liability. Therefore, the Board amended the original order to find that the amended application alleging cumulative trauma was not time-barred.

CIGAcumulative traumastatute of limitationsrelation back doctrinespecific injuryworkers' compensationamended applicationLabor Code section 5405Labor Code section 5500.5joinder of defendants
References
12
Case No. GOL 92220, GOL 98213
Regular
Jun 02, 2008

Dave Lucas vs. COMMUNITY WEST BANCSHARES, AARLA by ORION SPECIALTY GROUP

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the WCJ's finding that the applicant did not sustain a new cumulative trauma injury to his shoulder and back. The Board found that the defendant's arguments regarding cumulative trauma and apportionment were not supported by substantial medical evidence. Specifically, the Board determined Dr. Hutchinson's findings regarding cumulative trauma were speculative and improperly applied to a previously awarded disability.

New and further disabilityCompensable consequenceIndustrial back injuryPermanent disabilityApportionmentCumulative traumaSpecific injuryQualified Medical EvaluatorPrimary treating physicianPetition to reopen
References
1
Case No. ADJ1312501, ADJ4641701
Regular
May 03, 2011

Walter Harrison vs. ROLLING HILLS COUNTRY CLUB, CNA INSURANCE COMPANY, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA, CALIFORNIA INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant with a prior specific injury to his right knee and claims of cumulative trauma to the knee, low back, and coccidioidomycosis. The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award. The Board found no substantial medical evidence linking the applicant's coccidioidomycosis to cumulative trauma, requiring the matter to return to the trial level. Further proceedings are needed to determine the actual nature of the cumulative trauma injury, its date, and relevant liability.

CoccidioidomycosisCumulative traumaDate of injurySpecific injuryMedical evidenceAgreed Medical Examiner (AME)Permanent disabilityReconsiderationFindings and AwardLabor Code section 5500.5
References
0
Case No. ADJ7050517
Regular
Jun 16, 2010

Gary Tull vs. YOUNGS MARKET, Permissibly Self-Insured Administered By CANNON COCHRAN MANAGEMENT SERVICES

This case concerns an applicant claiming cumulative trauma injury to his right knee. The WCJ denied the claim, finding the Panel QME's report insufficient to establish cumulative trauma. The Appeals Board granted reconsideration, noting the PQME found an injury and work-related causation but incorrectly characterized it as a specific injury on a particular date. The Board remanded the case to develop the medical record, specifically directing a supplemental report from the PQME on the cumulative trauma aspect of the claim.

Cumulative traumaPanel Qualified Medical EvaluatorPQMEIndustrial injuryRight kneeFindings and OrderReconsiderationTake nothing orderSubstantial medical evidenceBurden of proof
References
7
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