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

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. ADJ1358769
Regular
Jan 08, 2013

JOSEPH ODDO vs. MARTIN & LEWIS DRYWALL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, EXPLORER INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied CIGA's petition for reconsideration of the WCJ's findings. The WCJ found that the applicant's injury was a specific injury on April 28, 2000, and not a continuous trauma, and that CIGA failed to meet its burden of proof on this issue. The WCAB gave great weight to the WCJ's credibility findings regarding the applicant's testimony and the lack of substantial evidence supporting a continuous trauma injury during specific coverage periods. Therefore, CIGA's petition for reconsideration was denied.

Workers' Compensation Appeals BoardMartin & Lewis DrywallCalifornia Insurance Guarantee AssociationIntercare Insurance ServicesHIH Insurance CompanyExplorer Insurance CompanyInsurance Company of the WestPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeContinuous Trauma
References
1
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. 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. ADJ3858587 (ANA 0382822)
Regular
Jul 30, 2009

PEDRO GUERRERO vs. ST. LOUIS CARDINAL BASEBALL CLUB/ ANHEUSER BUSCH COMPANIES, INC; ACE/USA INSURANCE, administered by SPECIALTY RISK SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal. This action rescinded the Administrative Law Judge's (ALJ) order to issue a new decision solely on the period of continuous trauma. The WCAB found the ALJ's prior finding establishing the injury period from 1973 to 1992 was final, as the applicant failed to seek reconsideration within the statutory timeframe. Therefore, further proceedings on this issue are unnecessary, and the case is returned to the trial level for other required proceedings.

RemovalRes JudicataContinuous TraumaFindings of FactPetition for ReconsiderationLabor Code Section 5900Statutory TimeframeIndustrial InjuryPermanent DisabilityCumulative Trauma
References
0
Case No. LBO 0377371
Regular
Apr 28, 2008

EDUBIJES TORREZ vs. RED HILLS COUNTRY CLUB, CHUBB SERVICES CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied Chubb Insurance's petition for reconsideration, affirming the original finding that Edubijes Torrez sustained a cumulative trauma injury (leiomyosarcoma) due to chemical exposure as a groundskeeper. The Board found that despite the provision of protective gear in 1998, the applicant's exposure continued through his last year of employment, making Chubb, the insurer during that period, liable for the $100\%$ permanent disability award. Chubb's argument that exposure ceased in 1998 was rejected due to evidence of ineffective protective gear and continued exposure.

LeiomyosarcomaCumulative traumaLabor Code section 5500.5Injurious exposureRespirator protective gearLatency periodIndustrial chemical exposurePermanent disabilityGroundskeeperRed Hill Country Club
References
3
Case No. ADJ10024575
Regular
Jul 06, 2018

Anthony Gillotte vs. City of Novato Police Department, County of Sonoma Department of the District Attorney

The Workers' Compensation Appeals Board granted reconsideration to amend the findings of fact, determining applicant Anthony Gillotte sustained a single cumulative trauma injury to his cardiovascular system. This injury occurred over the period ending August 3, 2014, during his employment with the City of Novato Police Department. The Board found no evidence of disability or need for medical treatment between his prior employment with the County of Sonoma and his return to the City of Novato, thus establishing one continuous period of injury. The presumption of industrial causation under Labor Code section 3212.5 was found applicable to his final date of employment.

WCABPermissibly Self-InsuredCumulative TraumaCardiovascular SystemSworn Peace OfficerLabor Code Section 3212.5Heart Trouble PresumptionRetired AnnuitantReconsiderationFindings of Fact
References
4
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. 533487
Regular Panel Decision
May 19, 2022

In the Matter of the Claim of Glenn Hedges

The claimant, Glenn Hedges, appealed a Workers' Compensation Board decision that rescinded his reduced earnings award for a specific period. Hedges, a fire safety director, sustained work-related injuries in 2014. After a period of medical evaluations, including reports from his treating neurologist, Ranga Krishna, and independent medical exams, the Workers' Compensation Law Judge classified him with a permanent partial disability. However, the WCLJ also denied continuing payments due to him working at full wages at one point. The Board modified the WCLJ's decision, awarding benefits for a shorter period and finding insufficient medical evidence to support an award for the period between August 22, 2018, and December 4, 2019, due to the claimant's failure to submit ongoing medical progress reports every 90 days. The Appellate Division affirmed the Board's decision, reiterating the requirement for regular medical evidence of continuing disability prior to official permanency classification.

Workers' CompensationReduced EarningsPermanent Partial DisabilityMedical EvidenceProgress ReportsMaximum Medical ImprovementIndependent Medical ExamDisability BenefitsAppellate ReviewSedentary Work
References
8
Case No. ADJ1817205 (RIV 0076837) ADJ2824273 (RIV 0076838)
Regular
Jul 02, 2014

SONNY LOVELESS vs. NEWPORT FARMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ZURICH AMERICAN INSURANCE CO., VIRGINIA SURETY INSURANCE COMPANY

This case involves a dispute over reimbursement for workers' compensation benefits paid by CIGA. The Appeals Board affirmed an arbitrator's decision granting CIGA full reimbursement from Virginia Surety and Zurich for benefits paid to the applicant. Virginia Surety's arguments that the cumulative trauma periods should be reevaluated and that CIGA was liable for the first period were rejected. The Board found Virginia Surety is bound by prior stipulations establishing two cumulative trauma periods, making its coverage "other insurance" under Insurance Code § 1063.1(c)(9) and thus excluding CIGA's liability for those benefits.

Workers' Compensation Appeals BoardSonny LovelessNewport FarmsCalifornia Insurance Guarantee Association (CIGA)Superior NationalZurich American Insurance Co.Virginia Surety Insurance Companycumulative traumastipulated awardreimbursement
References
4
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