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PanelMed-legalDenied

Cadorna, Felimon

FELIMON CADORNA, Applicant vs. MICREL SEMICONDUCTOR; TRAVELERS INDEMNITY COMPANY OF CONNECTICUT (TRAVELERS ST. PAUL); ZURICH AMERICAN INSURANCE, Defendants

ADJ number: ADJ6649353
Decision date: Date unavailable
District office: San Jose
WCJ: —
Claim administrator: Travelers Indemnity Company of Connecticut / Travelers Property Casualty Company of America; Zurich American Insurance Company
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: neck/cervical spine, fingers

LC §3208.1LC §3208.2LC §3202.5LC §5303LC §5500.5

Summary

Applicant Felimon Cadorna sustained cumulative trauma injuries while working for Micrel Semiconductor, with coverage disputed between two insurers (Zurich and Travelers) during the final year of injurious exposure. The Arbitrator found a single second cumulative trauma running through February 17, 2009 and apportioned liability 75% to Travelers and 25% to Zurich based on their respective coverage periods within that final year. Zurich petitioned for reconsideration, arguing the second CT did not begin until December 1, 2008 (entirely within Travelers' coverage), based on Dr. Newman's opinion that MRI changes and increased symptoms supported only a brief 2.5-month CT. The Board rejected this argument, finding Dr. Newman's opinion was based on an incorrect legal theory because injurious exposure can predate the onset of severe symptoms, and the applicant's work duties did not materially change. The Board affirmed the Findings, Award and Order.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.