WCPanelIQ
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Garcia Alvarado, Raul

RAUL GARCIA ALVARADO, Applicant vs. MAGIC LAUNDRY SERVICES, INC., AVITUS, INC. and AMERICAN ZURICH INSURANCE COMPANY, administered by GALLAGHER BASSETT; INTERNATIONAL GARMENT FINISH and EVEREST NATIONAL INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ11255137
Decision date
Date unavailable
District office
Marina del Rey
WCJ
—
Claim administrator
Gallagher Bassett (for American Zurich Insurance Company); Sedgwick Claims Management Services, Inc. (for Everest National Insurance Company)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: neck/cervical spine, thoracic spine, lumbosacral spine/back, bilateral upper extremities, bilateral lower extremities, bilateral knees, bilateral ankles, left shoulder, bilateral wrists, bilateral hands, bilateral fingers, bilateral feet

LC §3208.1LC §3600LC §5402LC §5412LC §5500.5LC §5803LC §5900LC §5901LC §5907LC §5908LC §5908.5LC §5909LC §5950CCR §10600

Summary

Applicant Raul Garcia Alvarado claimed cumulative trauma injuries to his spine and other body parts during two separate employment periods: with IGF from January 1, 1999 through April 27, 2014, and with Avitus/Magic Laundry Services from August 8, 2014 through December 7, 2015. The WCJ found two separate continuous trauma injuries, one ending April 27, 2014 (IGF) and one for the Avitus period, with QME Dr. Meier apportioning impairment 50% to DISH/degenerative disc disease, 45% to the IGF cumulative trauma, and 5% to the Magic Laundromat cumulative trauma. Defendant IGF sought reconsideration, arguing the continuous trauma end date should be December 7, 2015, premised on there being a single cumulative injury and a section 5500.5 last-exposure date. The Appeals Board granted reconsideration for further study, finding that whether there were one or two cumulative trauma injuries—and consequently the section 5412 date of injury—requires further analysis. The Board deferred a final decision pending further review of the entire record.

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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