Applicant Claudia Nito filed a cumulative trauma claim against the State of California, In-Home Supportive Services (IHSS), via an 'Amended Application for Adjudication of Claim' filed December 20, 2018, in a case originally opened against prior employer Alsco. Defendant petitioned for reconsideration, arguing the Amended Application was not a valid filing against IHSS and that the claim was barred by the statute of limitations under Labor Code § 5405. The WCJ found the Amended Application was a valid filing, that IHSS was reasonably put on notice, and that the claim was timely because the Labor Code § 5412 date of injury did not occur before applicant learned of the cumulative trauma in November 2018 (with compensable disability first established June 18, 2019). The Board adopted and incorporated the WCJ's report and denied reconsideration on February 15, 2023.
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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