WCPanelIQ
PanelQMEMed-legalDenied

Barrios, Alvina

ALVINA BARRIOS, Applicant vs. AEROTEK/ALLEGIS GROUP; ACE AMERICAN INSURANCE COMPANY, ADMINISTERED BY ESIS; COLLINS TECHNOLOGIES (CURTISS-WRIGHT CORPORATION); TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number
ADJ8119670
Decision date
Aug 5, 2024
District office
Marina Del Rey
WCJ
—
Claim administrator
ESIS (administering ACE American Insurance Company); Travelers Property Casualty Company of America
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: neck, back, bilateral upper extremities (shoulders and wrists), pulmonary system (lungs and respiratory system), gastrointestinal system

LC §4060LC §4061LC §4062LC §4062.1LC §4062.2LC §4064LC §4067LC §5405LC §5409LC §5705CCR §10396

Summary

Applicant, a welder, filed multiple cumulative trauma claims against employers Collins Technologies (insured by Travelers) and Aerotek/L3 (insured by ACE/ESIS), after previously settling a 2005 specific injury claim by Compromise and Release. The WCJ consolidated four cases and found industrial injury to the neck, back, bilateral upper extremities, pulmonary, and gastrointestinal systems while employed by Collins, relying primarily on AME Dr. Brourman and treating physician Dr. Scott. Travelers sought reconsideration, arguing it was not party to the AME selection, that medical reports were not substantial evidence, that the statute of limitations barred the claim, and that res judicata precluded relitigation. The Board held that the AME reporting was properly admitted in consolidated proceedings under CCR 10396 and Labor Code 4064(d)/4061(i), that Travelers had actively engaged with the AME, and that the statute of limitations and claim preclusion defenses were waived for failure to raise them timely. The February 6, 2020 F&A was affirmed.

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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