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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. 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. 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
Case No. OXN 0128150, OXN 0128151, OXN 0128152
Regular
Sep 17, 2007

PEGGY A. RICO vs. AQUARIA, INC., CHUBB GROUP OF INSURANCE COMPANIES, CIGA, For RELIANCE INSURANCE, In Liquidation

The Workers' Compensation Appeals Board granted reconsideration to determine if applicant Peggy Rico sustained separate cumulative trauma injuries. The WCAB found that the applicant's return to work with a different insurer, involving distinct injurious exposures and new medical symptoms, constituted a separate industrial injury from her earlier cumulative trauma. Consequently, the case was remanded for a new determination of liability for benefits based on these separate injuries.

Workers' Compensation Appeals BoardCIGAReliance InsuranceChubb GroupCumulative Trauma InjurySeparate Industrial InjuryMedical EvidenceDate of InjuryLabor Code Section 5412Labor Code Section 5500.5
References
9
Case No. ADJ624341 (SDO 0320867)
Regular
Jan 21, 2011

MICHAEL LALOR vs. CITY OF SAN DIEGO

This case involves a firefighter who claimed cumulative trauma injury to multiple body parts. The parties stipulated to a single cumulative trauma injury, but the WCJ issued separate permanent disability awards, contrary to the stipulation and the *Benson* precedent regarding individual injury determination. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter for further proceedings, emphasizing the binding nature of the parties' stipulation to a single cumulative trauma injury. The Board also directed re-evaluation of causation for hypertension and noted potential impairment from asthma.

Workers' Compensation Appeals BoardCity of San Diegofirefighter/fire captaincumulative traumamultiple body partspermanent disabilityapportionmenthypertensiontuberculosispulmonary/asthma
References
7
Case No. ADJ 4252592 (VNO 0411668)ADJ 3234790 (VNO 0443319) (MF)
Regular
May 04, 2012

HARRY WINSTON vs. CITY OF LOS ANGELES

This case concerns a petition for reconsideration by the City of Los Angeles challenging the Administrative Law Judge's (ALJ) finding of a single cumulative trauma injury. The applicant stipulated to two separate cumulative trauma periods for various injuries, but subsequent medical opinions from treating physicians concluded there was one continuous cumulative trauma injury spanning the applicant's entire employment. The ALJ amended the stipulations to align with this medical evidence and dismissed one of the applicant's cases as duplicative. Therefore, the ALJ recommends denying the employer's petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationCumulative Trauma InjuryAmended FindingsOpinion on DecisionStipulationsMedical EvaluationQualified Medical EvaluationAgreed Medical EvaluationDate of Injury
References
10
Case No. ADJ7110663
Regular
May 09, 2016

WILLIAM BO MATTHEWS vs. SAN DIEGO CHARGERS, ZENITH INSURANCE COMPANY, NEW YORK GIANTS, INSURANCE COMPANY OF NORTH AMERICA/ACE USA, DENVER GOLD, THE NORTH RIVER INSURANCE COMPANY

This case involves a petition for reconsideration of an arbitrator's decision regarding workers' compensation liability for a professional football player's cumulative trauma injuries. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified the arbitrator's award, finding the applicant sustained two separate cumulative trauma injuries due to distinct periods of employment exposure. Consequently, the WCAB ruled that the petitioner, Insurance Company of North America/ACE USA (ESIS), is not liable for contribution to another insurer, The North River Insurance Company (NRIC), which had mistakenly paid a portion of a settlement. The Board affirmed the finding of two injuries, citing a significant break in employment as creating separate compensable periods, but rescinded the award to NRIC, holding NRIC should recover nothing from ESIS.

WCABPetition for ReconsiderationArbitration DecisionContributionCumulative InjuryProfessional Football PlayerInsurance Company of North America/ACE USAZenith Insurance CompanyThe North River Insurance CompanyLabor Code Section 5500.5
References
9
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. ADJ13299780; ADJ14625110; ADJ14625129
Regular
Mar 24, 2023

JACK PICCININI vs. CITY OF SEBASTOPOL, CITY OF SANTA ROSA

The Workers' Compensation Appeals Board denied the City of Sebastopol's petition for reconsideration. The City argued the applicant sustained two separate cumulative trauma injuries, one with each employer, and that the injury should be broken into multiple incidents. The Board adopted the WCJ's report, which found a single cumulative injury due to concurrent employment, with apportionment of disability among the employers to be addressed separately. The WCJ noted that further development of the record is needed to establish the date of injury and assess liability.

Workers' Compensation Appeals BoardPetition for ReconsiderationVolunteer Fire CaptainFire Battalion ChiefNeck injuryCumulative traumaSpecific injuryAgreed Medical EvaluatorApportionmentConcurrent employment
References
0
Case No. ADJ8214863
Regular
Sep 23, 2014

JOEL PRECIADO vs. DECORATOR'S PLACE CORPORATION, THE HARTFORD INSURANCE COMPANY, SOUTHERN INSURANCE COMPANY

Defendants Hartford and Southern Insurance Company seek reconsideration of the WCJ's finding of a cumulative trauma injury with a date range. Hartford argues the date of injury should be no later than April 10, 2010, based on applicant's testimony and AME report. Southern contends there are two separate cumulative injuries, with dates of April 2010 and January 8, 2012, requiring separate liability determinations. The Appeals Board granted reconsideration, rescinded the prior findings, and returned the matter to the trial level for further proceedings, emphasizing the need for a single date of injury determination and potential apportionment.

WORKERS' COMPENSATION APPEALS BOARDJOEL PRECIADODECORATOR'S PLACE CORPORATIONTHE HARTFORD INSURANCE COMPANYSOUTHERN INSURANCE COMPANYADJ8214863OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATIONDECISION AFTER RECONSIDERATIONCUMULATIVE TRAUMA INJURYLABOR CODE SECTION 5412
References
1
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