WCPanelIQ
PanelMed-legalGranted

Gaddy, Tom

TOM GADDY, Applicant vs. PATTON STATE HOSPITAL, legally uninsured, Adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ1663481
Decision date
Mar 5, 2024
District office
San Bernardino
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
—

Injury / body parts: back, lumbar spine, lower extremities

LC §5506CCR §10617CCR §10397CCR §10517CCR §10492

Summary

Tom Gaddy, a registered nurse at Patton State Hospital, filed a specific injury claim for May 6, 2002, alleging injury to his back, lumbar spine, and lower extremities, which defendant denied. The AME, Dr. Woods, ultimately opined that the alleged specific injury was merely one microtrauma subsumed within a single period of cumulative trauma extending to applicant's last date of employment in September 2004. The WCJ found no specific injury and barred the subsequently pleaded cumulative trauma claim as time-barred under the statute of limitations. On reconsideration, the WCAB rescinded the F&O, finding that the amended application alleging cumulative injury related back to the original specific injury filing because it alleged the same disability arising from the same set of facts. The Board relied on Bassett-McGregor and principles of liberal pleading to conclude the amendment was timely and not barred by the statute of limitations.

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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