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Case Law Database

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

Case No. ADJ4402360 (MON 0331376) ADJ937992 (MON 0331375)
Regular
Sep 19, 2011

MARTIN ROJERO LONGORIA vs. MICRO SOLUTIONS, ICW EXPLORER INSURANCE

This case involves a lien claimant, former counsel Elliott J. Wachtel, seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCJ initially awarded attorney fees for temporary disability but did not address Wachtel's lien for services rendered previously. Wachtel argued the WCJ erred by failing to name him in the decision and address his lien. While the WCJ acknowledged an error and proposed an amended award for one case, the WCAB dismissed Wachtel's petition because it was untimely for the specific injury case and moot for the continuous trauma case.

Lien claimantPetition for ReconsiderationFindings of Fact and AwardWCJindustrial injurylumbar spinehead injuryattorney feestemporary disability benefitscontinuous trauma
References
2
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. 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. ADJ8680977
Regular
Apr 28, 2014

Albert Johnson vs. Southwest Airlines, ACE USA Insurance

The Workers' Compensation Appeals Board reversed a judge's decision that barred Albert Johnson's cumulative trauma claim due to the statute of limitations. The Board found that the employer's continued provision of medical treatment for Johnson's injuries tolled the one-year statute of limitations under Labor Code section 5405(c). This treatment, provided after an initial specific injury but before the cumulative trauma claim was filed, was deemed to have also addressed the cumulative trauma elements. Therefore, Johnson's claim for cumulative trauma injury ending August 17, 2009, was found to be timely filed.

Cumulative traumaStatute of LimitationsLabor Code section 5405TollingMedical treatmentSpecific injuryRamp agentSouthwest AirlinesWorkers' Compensation Appeals BoardReconsideration
References
1
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. GOL 92220, GOL 98213
Regular
Jun 02, 2008

Dave Lucas vs. COMMUNITY WEST BANCSHARES, AARLA by ORION SPECIALTY GROUP

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the WCJ's finding that the applicant did not sustain a new cumulative trauma injury to his shoulder and back. The Board found that the defendant's arguments regarding cumulative trauma and apportionment were not supported by substantial medical evidence. Specifically, the Board determined Dr. Hutchinson's findings regarding cumulative trauma were speculative and improperly applied to a previously awarded disability.

New and further disabilityCompensable consequenceIndustrial back injuryPermanent disabilityApportionmentCumulative traumaSpecific injuryQualified Medical EvaluatorPrimary treating physicianPetition to reopen
References
1
Case No. LAO 0859960, LAO0836589, LAO 0859995
Regular
Feb 13, 2008

ALBERTO SERNA vs. H.M.S. HOST, GALLAGHER BASSETT SERVICES, INC.; LIBERTY MUTUAL INSURANCE, ACE USA

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's argument that the applicant's back injury involved multiple cumulative trauma periods, not a single one. The Board found ambiguity in the Agreed Medical Examiner's findings regarding the number and dates of these traumas. Therefore, the case is remanded to the Agreed Medical Examiner for a supplemental report to clarify whether one or more cumulative trauma injuries occurred, and the specific permanent disability attributable to each.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardAgreed Medical EvaluatorCumulative TraumaDate of InjuryPermanent DisabilityTemporary DisabilityLabor Code 5500.5Labor Code 3208.1
References
12
Case No. ADJ1312501, ADJ4641701
Regular
May 03, 2011

Walter Harrison vs. ROLLING HILLS COUNTRY CLUB, CNA INSURANCE COMPANY, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA, CALIFORNIA INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant with a prior specific injury to his right knee and claims of cumulative trauma to the knee, low back, and coccidioidomycosis. The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award. The Board found no substantial medical evidence linking the applicant's coccidioidomycosis to cumulative trauma, requiring the matter to return to the trial level. Further proceedings are needed to determine the actual nature of the cumulative trauma injury, its date, and relevant liability.

CoccidioidomycosisCumulative traumaDate of injurySpecific injuryMedical evidenceAgreed Medical Examiner (AME)Permanent disabilityReconsiderationFindings and AwardLabor Code section 5500.5
References
0
Case No. ADJ7050517
Regular
Jun 16, 2010

Gary Tull vs. YOUNGS MARKET, Permissibly Self-Insured Administered By CANNON COCHRAN MANAGEMENT SERVICES

This case concerns an applicant claiming cumulative trauma injury to his right knee. The WCJ denied the claim, finding the Panel QME's report insufficient to establish cumulative trauma. The Appeals Board granted reconsideration, noting the PQME found an injury and work-related causation but incorrectly characterized it as a specific injury on a particular date. The Board remanded the case to develop the medical record, specifically directing a supplemental report from the PQME on the cumulative trauma aspect of the claim.

Cumulative traumaPanel Qualified Medical EvaluatorPQMEIndustrial injuryRight kneeFindings and OrderReconsiderationTake nothing orderSubstantial medical evidenceBurden of proof
References
7
Case No. ADJ7250315
Regular
Feb 14, 2020

ROBYN ARIAS vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION

This case involves a correctional officer's cumulative trauma claim. The employer sought reconsideration, arguing the cumulative trauma ended on July 8, 2014, as the applicant allegedly sustained no disability prior to that date. However, the Board denied reconsideration, affirming the WCJ's finding that the applicant experienced disability earlier due to chemotherapy for non-Hodgkins lymphoma. This disability, occurring from February 2007 to February 2008, establishes the injury's cumulative trauma period under Labor Code section 5412.

Cumulative traumaCorrectional officerLumbar spine injuryPsyche injuryNon-Hodgkins LymphomaPermanent disability indemnityCompensable consequence injuryLabor Code section 5412Date of injuryCumulative injury end date
References
5
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