WCPanelIQ
PanelGranted

Foster, Phil

PHIL FOSTER, Applicant vs. CELLCO PARTNERSHIP DBA VERIZON WIRELESS; LIBERTY MUTUAL INSURANCE CORPORATION administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number
ADJ19392643
Decision date
Jan 29, 2026
District office
Anaheim
WCJ
—
Claim administrator
Sedgwick Claims Management Services, Inc. (administering for Liberty Mutual Insurance Corporation)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: low back, neck, left shoulder, left hand, left wrist, left knee, left thumb

LC §5412LC §3600LC §5411LC §5705LC §3202.5LC §3208.3LC §5400LC §5900LC §5907LC §5908LC §5908.5LC §5803LC §5901LC §5909LC §5950

Summary

Applicant Phil Foster, a Verizon salesperson, claimed a cumulative trauma injury (November 14, 2014 through his April 23, 2024 termination) to multiple body parts. The WCJ found AOE/COE injury to the low back, neck, left shoulder, left hand, and left wrist; set a single section 5412 date of injury of August 15, 2019; and held the claim was not barred by section 3600(a)(10) post-termination. Applicant sought reconsideration, arguing the WCJ erred by finding only one date of injury, contending a second date of injury ending in April 2024 (last day of injurious exposure) should have been found and that the August 15, 2019 date should be limited to the low spine. The Appeals Board granted reconsideration, finding it was not persuaded the WCJ applied the proper legal analysis under sections 3600(a)(10) or 5412 or that substantial evidence supported the decision. The Board deferred a final decision pending further study of the factual and legal issues.

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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