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Case Law Database

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

Case No. ADJ1488656 (LBO 0306208) ADJ4190554 (LBO 0365076) ADJ4297163 (LBO 0302764) ADJ4306223 (LBO 0322527)

Regular

Jan 12, 2010

CHARLIE A. WOOTEN (CHARLINE ANN WOOTEN) vs. BARLOW RESPIRATORY HOSPITAL, INTERCARE PASADENA, ZENITH

This case involves multiple consolidated claims by applicant Charlie A. Wooten against Barlow Respiratory Hospital and others. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of the prior judge's decision. The WCAB rescinded that decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This action is not a final determination of the merits, and parties retain their rights to further reconsideration.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONADMINISTRATIVE LAW JUDGEWCJRESCINDEDFURTHER PROCEEDINGSDECISION AFTER RECONSIDERATIONTRIAL LEVELPETITION FOR RECONSIDERATIONBARLOW RESPIRATORY HOSPITAL

References

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

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CHARLIE A. WOOTEN (CHARLINE ANN WOOTEN) vs. BARLOW RESPIRATORY HOSPITAL, INTERCARE PASADENA, ZENITH

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