ADJ11942492 · October 6, 2022

Substantial medical evidence, including the panel QME's final opinion and applicant's job duties, established cumulative trauma injury AOE/COE to neck and back.

From the decision · page 10Dr. La's conclusion on causation appears reasonable, given that the applicant frequently lifted heavy aerospace materials and was nearly always working at his desk monitor. There is substantial medical evidence to establish injury based on the applicant's job duties, which included lifting heavy parts, working at a desk, and looking at a computer monitor for a prolonged time. Based on the testimony, as well as the medical reports and deposition testimony of Dr. La, the Court finds that the applicant sustained a cumulative trauma injury to his neck and low back arising out of and in the course of employment.

Date of injury under Labor Code § 5412 occurred after notice of termination or layoff, so post-termination defense did not bar claim.

From the decision · page 11As will be discussed below, the date of the cumulative trauma injury as defined under Labor Code § 5412 did not occur until the applicant saw his attorney and went to QME Dr. La. Thus, the exception in subsection D, "the date of injury, as specified in Section 5412, is subsequent to the date of the notice of termination or layoff" also applies. The date of injury under Labor Code § 5412 occurred after the applicant's notice of termination or layoff on January 11, 2019.

Applicant did not have knowledge of industrial causation or disability until consulting attorney and QME; thus, statute of limitations did not bar claim.

From the decision · page 12Applying Labor Code § 3202, 5405, and 5412 to the present matter, the applicant's date of injury for statute of limitations was when the applicant consulted his attorney and saw the QME. The applicant met his burden of proof to establish injury AOE/COE. The affirmative defenses of post- termination, the statute of limitations, and the not timely filing of a claim form do not bar the instant action.

Applicant was not charged with filing a claim until he had knowledge and disability; liberal construction applies.

From the decision · page 12Finally, the applicant was not charged with filing a claim under Labor Code § 5400 until he had knowledge and disability. The trial court must liberally construe the statute of limitations in favor of providing workers' compensation benefits to an injured worker, and labor Code § 3202 provides:

Applicant did not have knowledge of industrial causation or disability until consulting attorney and QME.

Favours Applicant prevailed

Delayed knowledge meant statute of limitations and claim filing defenses did not bar claim.

From the decision · page 125]). The applicant went to see Dr. O'Hara in 2018 because "he did not know what his symptoms were related to." (MOH/SOE 11:24 to 12: 1). The Court finds the applicant did not have the requisite knowledge until he consulted his attorney and saw the QME, who reported the applicant sustained a cumulative trauma injury.

Panel QME Dr. La ultimately found applicant's job duties caused cumulative trauma injury to neck and back.

Favours Applicant prevailed

Substantial medical evidence established AOE/COE.

From the decision · page 10Dr. La's conclusion on causation appears reasonable, given that the applicant frequently lifted heavy aerospace materials and was nearly always working at his desk monitor. There is substantial medical evidence to establish injury based on the applicant's job duties, which included lifting heavy parts, working at a desk, and looking at a computer monitor for a prolonged time. Based on the testimony, as well as the medical reports and deposition testimony of Dr. La, the Court finds that the applicant sustained a cumulative trauma injury to his neck and low back arising out of and in the course of employment.

Initially found no substantial medical evidence for industrial causation, but after reviewing job duties and records, concluded applicant's work caused cumulative trauma injury to neck and back.

Panel QME's final opinion credited as substantial evidence for AOE/COE finding.

From the decision · page 10Dr. La's conclusion on causation appears reasonable, given that the applicant frequently lifted heavy aerospace materials and was nearly always working at his desk monitor. There is substantial medical evidence to establish injury based on the applicant's job duties, which included lifting heavy parts, working at a desk, and looking at a computer monitor for a prolonged time. Based on the testimony, as well as the medical reports and deposition testimony of Dr. La, the Court finds that the applicant sustained a cumulative trauma injury to his neck and low back arising out of and in the course of employment.

Did not give applicant any work restrictions other than modifying how he looked at his screen.

PTP's lack of restrictions supported finding of no disability before termination.

From the decision · page 12In addition to knowledge, to establish a cumulative trauma injury under Labor Code § 5412, there must be evidence of a disability. Dr. O'Hara did not give the applicant any work restrictions other than modifying how he looked at his screen (MOH/SOE 11: 10 § 12). The manager for supply chain engineering, Ray Mastropa, testified that the applicant never missed time from work because of pain or injury (MOH/SOE 16: 8). There is no evidence the applicant lost time from work or that he had any permanent work restrictions or disability before the employment termination. For statute of limitations purposes, the date of injury occurred when the applicant consulted his attorney, and the panel QME examined him and indicated he sustained a cumulative trauma injury.

Labor Code § 3202

Liberal construction of workers' compensation statutes in favor of injured workers.

Statute of limitations must be liberally construed to extend benefits to injured workers.

From the decision · page 12"This division and Division 5 (commencing with Section 6300) shall be liberally construed by the courts with the purpose of extending their benefits for the protection of persons injured in the course of their employment."

Labor Code § 5412

Date of injury for cumulative trauma under Labor Code § 5412 is when the employee first suffers disability and knows or should know it is industrially caused.

Applicant did not have knowledge or disability until consulting attorney and QME.

From the decision · page 12Applying Labor Code § 3202, 5405, and 5412 to the present matter, the applicant's date of injury for statute of limitations was when the applicant consulted his attorney and saw the QME. The applicant met his burden of proof to establish injury AOE/COE. The affirmative defenses of post- termination, the statute of limitations, and the not timely filing of a claim form do not bar the instant action.

Medical records from Catalina Medical Center and Torrance Memorial Medical Center were silent on industrial causation until QME opinion.

From the decision · page 5A review of the medical records substantiates the Applicant's claim. The Catalina Medical Center records are essentially silent concerning the cause of the neck and lower back complaints. The exception is the initial record dated 07/07/2016, which contains a statement that the Applicant had pain for two years that began when he "picked up heavy object at work." It is unclear if this was a single or multiple incident. The remainder of the Catalina Medical Center records do not mention the cause of the neck and low back pain other than that "movement" aggravated the Applicant's symptoms. (Catalina Medical Center records [Defense Exh. J]). Again, there is no explanation or discussion of the type of "movement" causing the aggravation.

Applicant's testimony regarding lack of knowledge of industrial causation and misunderstanding of workers' compensation rights.

From the decision · page 125]). The applicant went to see Dr. O'Hara in 2018 because "he did not know what his symptoms were related to." (MOH/SOE 11:24 to 12: 1). The Court finds the applicant did not have the requisite knowledge until he consulted his attorney and saw the QME, who reported the applicant sustained a cumulative trauma injury.