What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendant Zurich challenging the Findings and Order regarding the Labor Code §5412 date of injury and statute of limitations.
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 limitationsDefendant prevailedcervical spine · thoracic spine · lumbar spine · psyche · bilateral upper extremities · bilateral lower extremities
The court found that the December 15, 2009 report of Dr. Nelson did not provide sufficient knowledge to fix the date of injury for cumulative trauma. The first report that clearly defined the cumulative trauma injury was the November 17, 2010 report, establishing the §5412 date of injury. The application filed on April 27, 2011 was timely under the statute of limitations.
From the decision · page 4In the instant matter, defendant Zenith is taking the position that the December 15, 2009 report of Dr. Nelson (Exhibit X1) sufficiently put CIGA on notice of the existence of a cumulative trauma claim so as to establish that same date as the § 5412 date of injury. Zenith argues that CIGA is a sophisticated party, and that therefore, the language in Dr. Nelson's report was sufficient to place it on notice of the potential existence of applicant's cumulative trauma injury.