What the panel ordered
April 14, 2020 Findings and Order affirmed except Finding of Fact No. 7 and Order amended to find amended application not barred by statute of limitations
Reconsideration granted to study factual and legal issues; decision after reconsideration issued
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.
Statute of limitationsApplicant prevailedfoot · leg · back · shoulder · arm
The amended application alleging a cumulative trauma injury relates back to the original application because the medical evidence supports a cumulative trauma injury and the claim was accepted and benefits paid accordingly, so the statute of limitations does not bar the amendment.
From the decision · page 1The California Insurance Guarantee Association (CIGA) seeks reconsideration of the April 14, 2020 Findings and Order wherein the workers' compensation administrative law judge (WCJ) found that the August 24, 2016 amendment to the application was barred by the statute of limitations. The applicant sought to amend the application to allege that he sustained a cumulative trauma rather than a specific injury.