Applicant’s Cumulative Trauma Claim Not Time Barred: August Cal. Comp. Cases (7/27/2016)

Applicant’s Cumulative Trauma Claim Not Time Barred: August Cal. Comp. Cases (7/27/2016)

Here’s the latest batch of advanced postings for the July 2016 issue of Cal. Comp. Cases.

Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Illinois Midwest Insurance Agency, Inc., on behalf of Star Insurance Company, insurer for Pan Pacific Printing Press, Inc., Petitioner v. Workers' Compensation Appeals Board, David Whitt, Respondents, lexis.com, Lexis Advance

Statute of Limitations—Specific and Cumulative Injuries—WCAB rescinded WCJ’s finding that applicant machine operator’s Application for Adjudication of Claim filed on 10/3/2013 was barred by statute of limitations in Labor Code § 5405(a) because it was filed more than one year after applicant suffered specific injury on 1/4/2012, when applicant originally alleged cumulative trauma from 1/4/2009 to 1/4/2010 (later amended to allege cumulative trauma from 1/4/2012 to 1/4/2013), but stipulated at trial to specific injury on 1/4/2012 to conform to report of qualified medical evaluator David Broderick, M.D., who found that applicant suffered specific injury on 1/4/2012 while loading postcards into machine at work, and WCAB found that…

City of Guadalupe, PSI, administered by York Risk Services Group, Inc., Petitioner v. Workers' Compensation Appeals Board, Robert Ortega, Respondents, lexis.com, Lexis Advance

Credit—Administrative Leave Payments—WCAB affirmed WCJ’s finding that defendant was not entitled to credit against applicant police officer’s temporary disability benefits for payments made to applicant while he was on paid administrative leave, when WCAB found…

Alexandra Sanchez, Petitioner v. Workers' Compensation Appeals Board, Sutter General Hospital, Sutter Health, Respondents, lexis.com, Lexis Advance

Injury AOE/COE—WCAB held that applicant phlebotomist did not prove she sustained industrial injury as claimed on 1/4/2010, when WCAB found…