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

Case No. ADJ1646985 (SJO 0242758) ADJ4557496 (SJO 0242761)

Regular

Apr 27, 2009

ALMA DIAZ vs. DE HART'S PRINTING SERVICE GROUP; CAMBRIDGE 15901 SACRAMENTO

This case concerns a dispute over the date of injury for applicant Alma Diaz's bilateral upper extremity cumulative trauma. The Appeals Board granted Everest National Insurance Company's petition for reconsideration and denied CIGA's, amending the original award. The Board found that applicant sustained a cumulative trauma injury on April 1, 2000, based on her modified work duties and need for treatment, aligning with *Rodarte*. Consequently, CIGA's petition was denied, and the decision was amended to reflect the corrected injury date.

Workers' Compensation Appeals BoardCIGAEverest National Insurance CompanyDe Hart's Printing Service Groupindustrial injurybilateral upper extremitiesinjurious exposureLabor Code section 5500.5Fremont Compensationcumulative trauma

References

Case No. ADJ4718986 (POM 0280167) ADJ2367642 (POM 0280166)

Regular

May 17, 2011

SEVERIANO GUZMAN vs. HANSON TRUSS, INC., ALLIANZ GLOBAL RISKS U.S. INSURANCE COMPANY, CENTRE INSURANCE COMPANY, VIRGINIA SURETY COMPANY, INC., LUMBERMAN'S UNDERWRITING ALLIANCE, TRAVELERS PROPERTY CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES For REDWOOD FIRE AND CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an arbitrator's decision which denied Allianz Global Risks U.S. Insurance Company's petition for contribution and set the date of injury as January 21, 1997. The Board found the arbitrator failed to comply with procedural rules regarding record keeping and evidence admission. Therefore, the case was returned to the arbitrator for further proceedings to create a proper record and reanalyze the issues consistent with relevant case law. The reanalysis must specifically consider whether compensable disability existed prior to the employee missing work, per *Rodarte*.

Workers' Compensation Appeals BoardReconsiderationArbitrator's DecisionPetition for ContributionDate of InjuryLabor Code Section 5412Cumulative InjuryLiability PeriodLabor Code Section 5500.5Admitted Evidence

References

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

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ALMA DIAZ vs. DE HART'S PRINTING SERVICE GROUP; CAMBRIDGE 15901 SACRAMENTO

SEVERIANO GUZMAN vs. HANSON TRUSS, INC., ALLIANZ GLOBAL RISKS U.S. INSURANCE COMPANY, CENTRE INSURANCE COMPANY, VIRGINIA SURETY COMPANY, INC., LUMBERMAN'S UNDERWRITING ALLIANCE, TRAVELERS PROPERTY CASUALTY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES For REDWOOD FIRE AND CASUALTY COMPANY

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

cumulative traumaanti-merger doctrineLabor Code sections 3208.25303Rodartecompensable temporary disabilitypermanent disabilitywage lossmodified workbilateral upper extremities