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 On reconsideration, the WCAB rescinded the F&O, finding that the amended application alleging cumulative injury related back to the original specific injury filing because it alleged the same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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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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