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

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. ADJ4191064 (AHM 0091361) ADJ3063740 (AHM 0095797)
Regular
Jan 11, 2010

JOSE BARRIOS vs. McPEEK CHRYSLER PLYMOUTH, INC., GAB ROBINS, BROADSPIRE, California Insurance Guarantee Association (CIGA), Kemper Insurance, Pacific National Company, Cal Indemnity, CalComp Insurance, Pacific Auto Insurance Company

This case involves a workers' compensation claim for cumulative trauma injury to the applicant's neck, back, shoulders, and wrists. The Appeals Board granted reconsideration to amend the date of injury for this cumulative trauma claim. Based on established law regarding the "date of injury" for cumulative trauma, the Board determined that the period of compensable temporary disability commencing in August 2000 constituted sufficient knowledge and disability to establish the injury date. Consequently, liability for the claim, which involved multiple insurers now adjusted by CIGA, was assigned accordingly with a revised injury end date of August 3, 2000.

CIGAKemper InsurancePacific National Companyliquidationcovered claimscumulative traumadate of injurytemporary total disabilityLabor Code section 5500.5Rodarte
References
2
Case No. ADJ9805381 ADJ7750980
Regular
Jun 06, 2017

DOROTHY CLAIBORNE vs. PRECIOUS HOME COMPANION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, FIRSTCOMP INSURANCE SERVICES

This case involves a petition for reconsideration by CIGA concerning an administrative law judge's (WCJ) order dismissing the applicant's cumulative trauma claim. The WCAB granted CIGA's petition, rescinded the WCJ's dismissal order, and returned the case to the trial level. The Board found that the previous decision to defer the date of injury was not a final order and that due process requires a full adjudication of the applicant's cumulative trauma injury date. Therefore, the case must be further developed to determine the precise date of injury for the applicant's cumulative trauma claim.

CIGAPetition for ReconsiderationWCJ OrderCumulative TraumaSpecific InjuryAdjudicationAppellate ProceedingsWrit of ReviewFinal OrderInterlocutory
References
2
Case No. ADJ2721650 (AHM 0082733) ADJ1775630 (AHM 0085375) ADJ3043671 (AHM 0094450)
Regular
Feb 13, 2009

RAINEY RANDALL vs. SOUTHERN WINE & SPIRITS, TIG INSURANCE COMPANY, ACE USA/ESIS, EXPLORER INSURANCE COMPANY

This case involves a dispute over the date of injury for a workers' compensation claim of cumulative upper extremity and neck trauma. The applicant alleges injury during her employment with Southern Wine & Spirits. One defendant insurer, ESIS, contends the original finding of a single date of injury was incorrect and argues for two separate cumulative trauma injuries. The Appeals Board rescinded the original order, finding the record requires further development to definitively determine the date(s) of injury under Labor Code section 5412. The matter is returned to the trial level for further evidence, including potentially further medical evaluation, to establish the correct injury date(s) before allocation of liability is addressed.

WCABReconsiderationDate of InjuryCumulative TraumaUpper ExtremitiesACE USA/ESISTIG Insurance CompanySouthern Wine & SpiritsLabor Code Section 5412Temporary Disability
References
0
Case No. ADJ8939849
Regular
Jan 04, 2016

GEORGE KIMMEL vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves a workers' compensation claim for hearing loss. The applicant, a former correctional officer, alleged injury from a 1978 bomb blast and cumulative trauma from noise exposure throughout his career. The Workers' Compensation Appeals Board (WCAB) rescinded the initial award finding a cumulative trauma injury with a 2014 date of injury. The WCAB determined the case involves potential specific and cumulative injuries, requiring further development of the record regarding the date of injury, last injurious exposure, and the exact nature of the injuries. The matter was returned to the trial level for these further proceedings.

Cumulative traumaStatute of limitationsLachesDate of injurySpecific injuryTinnitusHearing lossQualified Medical ExaminerImprovised explosive deviceMatch bomb
References
3
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. ADJ1488656 (LBO 0306208) ADJ4306223 (LBO 0322527) ADJ4190554 (LBO 0365076) ADJ2421745 (LBO 0306207)
Regular
Sep 23, 2010

CHARLIE WOOTEN vs. BARLOW RESPIRATORY HOSPITAL, ZENITH INSURANCE, CIGA, HIH AMERICA/GREAT STATES IN LIQUIDATION, Administered by INTERCARE

This case concerns applicant Charlie Wooten's claim for cumulative trauma injuries arising from her employment as a secretary. The Workers' Compensation Appeals Board granted reconsideration to reverse the original finding that the date of injury was August 14, 1997. The Board determined, based on case law regarding "disability," that the correct date of injury is November 6, 1998, the date applicant became temporarily totally disabled for surgery. This shifts liability to Zenith Insurance, as CIGA is excluded when other coverage exists for the cumulative trauma period. The Board also remanded the neck injury claim for further determination.

Workers' Compensation Appeals BoardCumulative trauma injuryDate of injuryLabor Code section 5412Labor Code section 5500.5Compensable disabilityAgreed Medical ExaminerTemporary total disabilityGanglionectomyDe Quervain's
References
7
Case No. ADJ6659926 ADJ6659223
Regular
Jan 06, 2012

MICHELLE JIMENEZ vs. DENCO SALES COMPANY, ACE PROPERTY AND CASUALTY COMPANY, ARGONAUT INSURANCE COMPANY

This case concerns applicant Michelle Jimenez's claim for additional temporary disability benefits for lumbar spine injuries sustained from a specific injury in July 2007 and a cumulative trauma injury ending in July 2008. The Appeals Board found that while the 2007 injury's temporary disability indemnity limit under Labor Code section 4656(c)(1) expired in August 2009, the applicant is entitled to remaining temporary disability under section 4656(c)(2) for the 2008 cumulative trauma injury. Because the applicant had only received 69 weeks of temporary disability for the cumulative trauma injury and is entitled to 104 weeks within five years of the injury date, she is awarded an additional 35 weeks of temporary disability indemnity prior to July 17, 2013.

Labor Code section 4656temporary disability indemnityaggregate disability paymentscompensable weeksperiod of two yearsperiod of five yearsdate of commencementdate of injurycumulative trauma injuryspecific injury
References
4
Case No. ADJ2669193 (VNO 0474323) ADJ4691947 (VNO 0461922)
Regular
Nov 03, 2009

TERRY BLEDSOE vs. TOWER MANAGEMENT, BROADSPIRE FOR LUMBERMENS MUTUAL CASUALTY COMPANY

The WCAB denied reconsideration of an arbitrator's finding that SCIF was liable for applicant's cumulative trauma injury. SCIF argued the injury date should be the date of a specific injury, but the AME found disability from both the specific and cumulative injuries. The WCAB affirmed, finding no evidence that the applicant knew or should have known of the cumulative injury earlier.

Workers Compensation Appeals BoardCumulative Trauma InjuryDate of InjurySpecific InjuryAgreed Medical ExaminerApportionment of ResponsibilityCompensable Temporary DisabilityPermanent DisabilitySection 5412Section 5500.5
References
3
Case No. ADJ6693720
Regular
Mar 15, 2010

KERRY NECHODOM vs. CITY OF GROVER BEACH

The Workers' Compensation Appeals Board granted reconsideration to amend the date of injury for Kerry Nechodom's right shoulder injury in case ADJ6693720 from February 3, 2007 - September 10, 2009 to August 12, 2008 - September 10, 2009. This amendment acknowledges a separate cumulative trauma injury due to distinct periods of disability and lack of continuous treatment between injuries. The Board affirmed the original award, finding that the applicant sustained two separate cumulative trauma injuries causing distinct periods of temporary disability. The employer's arguments regarding the cumulative trauma period and Labor Code $\S 4656$ limitations were addressed and resolved by this clarification.

Workers' Compensation Appeals BoardKerry NechodomCity of Grover BeachADJ6693720ADJ5791464ReconsiderationJoint Findings and AwardIndustrial InjuryRight ShoulderCumulative Injury
References
11
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