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

Case No. ADJ1850700 (SBA 0078657)
Regular
Jan 14, 2014

GERARDO MARTINEZ vs. KITSON NURSERY; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Administered by BROADSPIRE CLAIM SERVICES, In liquidation

The Workers' Compensation Appeals Board denied reconsideration, affirming the denial of death benefits. The claim was barred by Labor Code section 5406's 240-week limitation period because the employee died over 20 years after the date of his specific industrial injury. Although the death allegedly resulted from medications taken for the injury, under the "compensable consequences" doctrine, this is considered a continuation of the original injury, not a new one. Therefore, the date of injury remained the original specific injury date, exceeding the statutory timeframe.

WCABPetition for ReconsiderationLabor Code Section 5406240-week periodqualifying conditiondeath benefitsadult dependenttollingminor dependentdate of injury
References
14
Case No. ADJ10030614
Regular
Jun 30, 2016

ARNULFO TORRES vs. STARR STAFFING, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted reconsideration to amend a prior order. Defendants sought to correct a stipulated date of injury, April 15, 2015, which was after the applicant's last day of employment on January 26, 2015. The applicant later filed an amended application, changing the claim to a cumulative injury ending on January 26, 2015, potentially rendering the specific date of injury irrelevant. The Board amended the original order to defer the determination of the specific date of injury, affirming all other findings.

StipulationDate of InjuryPetition for ReconsiderationFindings and OrderWCJDeferred IssueCumulative InjurySpecific InjuryApplication for AdjudicationLast Date of Employment
References
0
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. MISSING
Regular Panel Decision

Snyder v. Town Insulation, Inc.

Plaintiffs Pauline and Richard Snyder sought damages for injuries allegedly caused by ureaformaldehyde foam insulation installed in their home in 1977, claiming respiratory problems from the installation date. The central legal issue was whether their personal injury causes of action were barred by the three-year Statute of Limitations, specifically regarding whether accrual under CPLR 214 is measured from the date of injury or the date of last exposure. The plaintiffs conceded the inapplicability of CPLR 214-c's date of discovery rule. The Supreme Court and Appellate Division both ruled that the date of injury rule applies, thereby finding the claims time-barred. The Court of Appeals affirmed this decision, reinforcing that a cause of action accrues when all elements of the tort can be truthfully alleged, which in this case was around the installation date.

Statute of LimitationsAccrual DateToxic TortUreaformaldehyde Foam InsulationPersonal InjuryDate of Injury RuleDate of Last Exposure RuleCPLR 214CPLR 214-cLatent Injury
References
20
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. ADJ10649068
Regular
Dec 08, 2017

PATRICK TERRY (Dec'd), WENDY TERRY (Widow) vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

This case involves a widow's claim for death benefits after her husband died from an injury that contributed to his death. The Workers' Compensation Appeals Board denied reconsideration, upholding the administrative law judge's finding that the claim was barred by Labor Code section 5406(b). This statute prohibits death benefit claims filed more than 240 weeks from the "date of injury." The Board clarified that for a specific injury, the date of injury is fixed and cannot be extended to the date of death, even if death is a consequence of that injury. Therefore, the widow's claim was dismissed because it was filed beyond the 240-week statutory limit.

Labor Code § 5406(b)death benefits240-week limitationdate of injuryspecific injurycompensable consequencestatute of limitationsPetition for ReconsiderationWorkers' Compensation Appeals BoardFindings and Award
References
15
Case No. ADJ10232171
Regular
Apr 10, 2017

HERMAN O'BERRY vs. WORLD LEAGUE OF AMERICAN FOOTBALL aka NATIONAL FOOTBALL LEAGUE EUROPE (NFL EUROPE), ST. LOUIS RAMS, FAIRMONT PREMIER INSURANCE COMPANY (TIG)

This case concerns a workers' compensation claim for cumulative injury filed by a former professional football player against his former employers and their insurer. The primary issue was the statute of limitations, specifically the date of injury under Labor Code Section 5412, which is when the employee first suffered disability and knew or should have known it was work-related. The Board granted reconsideration to clarify this date, finding that the applicant's filing of his claim application on December 17, 2015, was the earliest documented evidence of his knowledge of the connection between his employment and his cumulative injury, establishing this as the date of injury. The employer's exemption from providing notice under Section 3600.5(e) did not alter this determination regarding the applicant's actual knowledge.

Workers' Compensation Appeals BoardNFL EuropeSt. Louis RamsLabor Code section 5405Labor Code section 5412cumulative injurydate of injurystatute of limitationspetition for reconsiderationApplication for Adjudication of Claim
References
16
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. ADJ1510738 (SJO 0251902)
Regular
Feb 13, 2009

XXZZX SJO2 vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

This case concerns a Subsequent Injuries Benefits Trust Fund (SIF) petition to reconsider an untimely dismissal of their initial petition. The SIF argued their petition was timely filed but not date-stamped due to clerk training. The Appeals Board rescinded the dismissal and addressed the merits of the SIF's original petition. The core issue was the interpretation of Labor Code section 4659(c) regarding the commencement of annual increases to permanent total disability indemnity for injuries occurring on or after January 1, 2003. The Board affirmed the finding that these increases begin on January 1 following the date of injury, not from the date of the first payment, to protect injured workers from inflation.

Subsequent Injuries Benefits Trust FundPetition for Reconsiderationuntimely filedFindings and Awardindustrial injurypre-existing disabilitypermanent disabilityLabor Code section 4659life pensiontotal permanent disability indemnity
References
0
Case No. ADJ1690383 (LAO 0818718) ADJ253066 (LAO 0811576) ADJ1849347 (LAO 0845486)
Regular
Dec 07, 2010

TRINI RIVERA vs. FREMONT COMPENSATION INSURANCE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ESIS, INC., ARGONAUT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinding an arbitrator's decision that had determined specific injury dates binding for contribution proceedings. The Board ruled that ESIS, Inc. was not bound by its prior stipulation with the applicant regarding injury dates for the purpose of determining contribution from other defendants. The case is remanded for the arbitrator to independently determine the dates of injurious exposure, as required by Labor Code section 5500.5, to properly address ESIS's contribution claim.

Workers' Compensation Appeals BoardReconsiderationContribution ProceedingCumulative Trauma InjuryDates of InjuryStipulated AwardInjurious ExposureLabor Code Section 5500.5De Novo DeterminationApportionment of Liability
References
1
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