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PanelDenied

Sanchez, Amado

AMADO SANCHEZ, Applicant vs. JACUZZI WHIRLPOOL BATH aka BATH ACQUISITION; AMERICAN HOME ASSURANCE, adjusted by GALLAGHER BASSETT, Defendants

ADJ number: ADJ12382020
Decision date: Dec 21, 2023
District office: Pomona District Office
WCJ: Ashley L. Odor
Claim administrator: Gallagher Bassett (adjusting for American Home Assurance)
Commissioners: —

Injury / body parts: neck, shoulders, hand, wrist, bilateral upper extremities, upper back, lower back, internal, GERD, urinary incontinence

LC §5412LC §5405LC §5410LC §5303LC §3208.1LC §3208.2LC §5705

Summary

Applicant Amado Sanchez, an electrical mechanic, filed a cumulative trauma (CT) claim in 2019 for the period September 2007 through December 2008 (pled as 2/2/08-2/2/09), separate from two prior claims (a specific injury and a CT pled 1/1/06-1/31/07) that settled by Stipulations with Request for Award in 2015. The AME found a section 5412 date of injury of 1/5/11. Defendant petitioned for reconsideration, arguing the claim was barred by the statute of limitations (sections 5405 and 5410) and by res judicata/collateral estoppel based on the prior 2015 award. The WCAB adopted the WCJ's Report and denied reconsideration, holding the current claim is a separate, subsequent CT injury (a distinct cause of action under Coltharp) not barred by claim preclusion, and that the limitations period was tolled under section 5405(c) because applicant continued to receive neck treatment under the prior award until less than a year before filing the new application. The Board reaffirmed Plotnick as controlling authority.

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.