WCPanelIQ
PanelQMEMed-legalGranted

Knott, Jesse

JESSE KNOTT, Applicant vs. SCHUFF STEEL COMPANY; OLD REPUBLIC GENERAL INSURANCE CORPORATION, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ16041647
Decision date
Oct 8, 2023
District office
San Francisco
WCJ
Colleen S. Casey
Claim administrator
Gallagher Bassett Services, Inc. (administering for Old Republic General Insurance Corporation)
Commissioners
—

Injury / body parts: right shoulder, left shoulder (deferred)

LC §5412LC §5405LC §3208.1LC §5405(a)CCR §10962CCR §10945

Summary

Applicant Jesse Knott, an ironworker for Schuff Steel, claimed a cumulative trauma (CT) injury to his right shoulder during the period ending February 26, 2020, his last day of work. The defendant carrier argued the claim was barred by the one-year statute of limitations under Labor Code section 5405(a) because the DWC-1 and application were filed in April 2022. The WCJ found the claim timely, holding the section 5412 date of injury was March 21, 2022 (when applicant's surgeon told him the injury may be work-related), and awarded medical treatment. The WCAB granted reconsideration to correct clerical errors—changing 'claims' to 'sustained' injury, correcting a 'left' shoulder reference to 'right,' and adding an express section 5412 date-of-injury finding—but otherwise adopted the WCJ's reasoning and affirmed that the claim was not barred. The Board also noted that defendant's petition failed to cite the record with specificity, an independent basis for denial under Rule 10945.

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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