WCPanelIQ
PanelDenied

Chen, Cindy

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)
Commissioners
—

Injury / body parts: bilateral ears, bilateral eyes, teeth, neck, bilateral shoulders, bilateral arms, bilateral wrists, bilateral hands, bilateral fingers, back, chest, bilateral hips, bilateral legs, bilateral feet, bilateral toes, psyche

LC §5405LC §5409LC §5412LC §3208.1LC §5500.5LC §3550LC §3600LC §3202LC §3202.5LC §5900LC §5909CCR §10600

Summary

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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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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