Kumar, Nirmal

Applicant Nirmal Kumar sought removal of an April 5, 2023 order taking the mandatory settlement conference for his April 11, 2018 specific injury off calendar, where the WCJ wanted to litigate it together with a subsequent cumulative trauma injury involving overlapping body parts (neck, back, and hips). The WCJ relied on QME Dr. Gerard Dericks' reporting and deposition confirming a subsequent cumulative trauma injury. The WCAB granted removal, holding that under Labor Code section 3208.2, specific and cumulative trauma injuries are distinct and must be determined separately, including apportionment. The Board agreed with applicant that, under the California Constitution's mandate for expeditious adjudication, he is entitled to adjudicate his specific injury first regardless of any pending cumulative trauma claim. The matter was returned to the trial level for further proceedings.