Broussard, Rick

Applicant, a 66-year-old carpet cleaner, claimed a cumulative trauma injury through August 2, 2017 to his hearing, cervical spine, lumbar spine, shoulders, elbows, wrists, and bilateral carpal tunnel. The WCJ found a section 5412 date of injury of August 2, 2017 and a section 5500.5 liability period from August 2, 2016 to August 2, 2017, during which only Oak River provided coverage, leading to a NOI dismissing The Hartford. Oak River sought reconsideration, arguing the date of injury was earlier (which would shift liability) and that there was no substantial evidence of injury to the spine, shoulders, elbows, and wrists. The Board granted reconsideration solely to add an express finding that the section 5412 date of injury was August 2, 2017, and otherwise affirmed the WCJ's decision based on the Report. The Board found that earlier medical treatment, temporary work restrictions, and intermittent splint use did not constitute compensable disability triggering an earlier date of injury under Rodarte.