Pamela Hughes sustained an admitted specific injury on May 14, 1999, while working as a waitress/assistant manager for Top Robin Ventures, then insured by Reliance Insurance (later insolvent, with CIGA administering the claim). Based on AME Dr. Nelson's reporting, CIGA filed a separate cumulative trauma application (ADJ7763838) on April 27, 2011, seeking reimbursement from subsequent insurer Zenith. Zenith argued the CT application was time-barred, contending that Dr. Nelson's December 15, 2009 report put CIGA on notice of the CT claim, fixing that date as the §5412 date of injury. The WCJ found that the December 15, 2009 report (which only referenced vague 'periods of trauma' without defined dates or industrial etiology) was insufficient to establish §5412 knowledge, and that the requisite knowledge arose only with Dr. Nelson's November 17, 2010 report describing a defined CT period. The WCAB denied reconsideration, adopting the WCJ's Report and finding the April 27, 2011 application timely under §5405.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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