ADJ10644429 — California WCAB decision

What the panel ordered

Petition for reconsideration granted, WCJ's Findings & Order rescinded, matter returned to trial level for further proceedings.

Defendant sought reconsideration of the WCJ's Findings & Order of August 1, 2023, which found injury AOE/COE and that applicant was not estopped or barred from making the claim. The WCAB granted reconsideration, rescinded the F&O, and returned the matter for further proceedings.

Read the official decision →

What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Cumulative traumaRemandedlumbar spine · back · circulatory system

The record was insufficient to determine whether applicant sustained one or two periods of cumulative trauma; further development of the record is required.

From the decision · page 8In this case, pursuant to section 3208.1, AME Dr. Hatch determined that applicant sustained industrial industry, however her testimony is equivocal as to the date of injury and whether one or more periods of cumulative trauma exist. Therefore, while there is substantial evidence to support the conclusion that applicant's injury was AOE/COE, we cannot determine based on the record before whether applicant sustained one or two cumulative injuries.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Lab. Code § 3208.1

A cumulative injury is one that occurs as 'repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment.'

Applied to determine whether applicant sustained cumulative trauma injury.

From the decision · page 7I. Labor Code section 3208.11 provides that an injury may be either cumulative or specific. No cumulative injury can occur without disability. (Van Voorhis v. Workmen's Comp. Appeals Bd. (1974) 37 Cal.App.3d 81, 86-87 [39 Cal.Comp.Cases 137]; Aetna Cas. & Surety Co. v. Workmen's Comp. Appeals Bd. (Coltharp) (1973) 35 Cal.App.3d 329, 342-343 [38 Cal.Comp.Cases 720].) A cumulative injury is one that occurs as "repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment." (Lab. Code, § 3208.1.) "The number and nature of the injuries suffered are questions of fact for the WCJ or the WCAB." (Western Growers Ins. Co. v. Workers' Comp. Appeals Bd.

Lab. Code § 5500.5(a)

Liability for cumulative injury claims is limited to employers who employed the worker during the one year immediately preceding the date of injury or last hazardous exposure.

Applied to determine potential liability period for cumulative trauma.

From the decision · page 8Section 5500.5 states in pertinent part that liability for occupational disease or cumulative injury claims filed or asserted on or after January 1, 1981, shall be limited to those employers who employed the injured worker during a period of one year immediately preceding either the date of injury, as determined pursuant to section 5412, or the last date on which the employee was employed in an occupation exposing them to the hazards of the occupational disease or cumulative injury, whichever occurs first. (Lab. Code, § 5500.5(a).)

ADJ10644429 · October 20, 2023

What the panel ordered

What was disputed, and how it came out

Your case already resembles someone else’s. Find whose.

The facts that decided it

What the panel did with the medical opinions

The rules the panel named

What proof carried it

About this page