CINDY CHEN, Applicant vs. DTG OPERATIONS, insured by ACE AMERICAN INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants
ADJ number
ADJ17614232
Decision date
Apr 13, 2025
District office
Pomona
WCJ
Amy Britt
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for ACE American Insurance Company)
Cindy Chen, a courtesy bus driver for DTG Operations from 2008 to March 2020, filed an Application for Adjudication of Claim on April 25, 2023, alleging cumulative trauma to numerous body parts and psyche. Defendant raised a statute of limitations defense under Labor Code section 5405(a), arguing applicant knew her injury was work-related by March 24, 2020, or earlier. The WCJ found the SOL defense failed because applicant was unaware her pain was work-caused until referred to a doctor by her attorney, and defendant never provided a DWC-1 form or posted required notice of workers' compensation rights. The WCAB adopted the WCJ's Report and denied reconsideration, reasoning that defendant bore the burden of proving the SOL defense, that applicant's treating chiropractor checked boxes indicating her complaints were NOT work-related, and that the employer's failure to notify applicant of her rights estopped it from asserting the defense under Reynolds.
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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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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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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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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