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Gonzalez, Cayetano

CAYETANO GONZALEZ, Applicant vs. LAM RESEARCH CORPORATION and SAFETY NATIONAL CASUALTY CORPORATION, administered by TRISTAR RISK MANAGEMENT, Defendants

ADJ number
ADJ14380906
Decision date
Sep 14, 2023
District office
San Francisco
WCJ
Lawrence Keller
Claim administrator
TriStar Risk Management (administering for Safety National Casualty Corporation)
Commissioners
—

Injury / body parts: right shoulder

LC §5412LC §3600LC §5411LC §5400LC §3208.3

Summary

Applicant Cayetano Gonzalez claimed a cumulative trauma injury to his right shoulder while working as a process technician for Lam Research from October 2019 through April 2020. He was notified on October 8, 2020 of his termination effective October 12, 2020, and first received medical treatment for his shoulder on October 15, 2020. The central dispute was the section 5412 date of injury and whether the section 3600(a)(10) post-termination defense barred the claim. The WCJ found, and the Board agreed, that the date of injury was October 15, 2020—the first date applicant had both compensable disability and knowledge of industrial causation—which postdated the termination notice and thus established the section 3600(a)(10)(D) exception. The Board adopted the WCJ's Report and denied defendant's Petition for Reconsideration.

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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