WCPanelIQ
PanelMed-legalGranted

Swansen, Le

LE SWANSEN, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ18188574
Decision date
Jan 13, 2025
District office
Redding
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: psyche

LC §5405LC §5412LC §5900LC §5909LC §4600LC §4650

Summary

Applicant Le Swansen filed a claim for psychiatric/stress injury, initially listing a specific injury date of 7/6/2020, later amended to a cumulative trauma from 7/6/2020 to 11/16/2020. The WCJ found the claim barred by the statute of limitations under Labor Code section 5405. The Appeals Board granted reconsideration, finding that there were no medical records establishing a compensable disability or applicant's knowledge that any disability was industrial, both of which are required to determine the date of injury for a cumulative trauma under section 5412. The Board also noted that defendant's laches argument lacked supporting findings of fact. The Board rescinded the Findings and Order and returned the matter to the trial level for further proceedings.

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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