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Katia Perez — ADJ11525434

KATIA PEREZ, Applicant vs. VIP COMMUNITY MENTAL HEALTH CENTER; NOVA CASUALTY COMPANY, as administered by GALLAGHER BASSETT SERVICES; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA; REDWOOD FIRE AND CASUALTY INSURANCE COMPANY, dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ11525434
Decision date
Jan 11, 2023
District office
Los Angeles
WCJ
Kristina Woo
Claim administrator
Gallagher Bassett Services (administering Nova Casualty Company); Travelers Property Casualty Company of America; Berkshire Hathaway Homestate Companies (Redwood Fire and Casualty Insurance Company)
Commissioners
—

Injury / body parts: psyche

LC §3208.1LC §3208.2LC §5412LC §5500.5LC §5500.6

Summary

Katia Perez worked as a data entry operator for VIP Community Mental Health Center from June 2014 to June 2018 and developed a psychiatric cumulative trauma injury attributed to harassment by a supervisor. The central dispute was the date of injury under Labor Code section 5412 and the corresponding period of liability under section 5500.5, which determines which successive insurance carriers bear liability. The WCJ found the date of injury was February 23, 2018 (the first date of compensable temporary disability per Dr. Nerenberg and PQME Dr. Payne), making the CT period February 23, 2017 to February 23, 2018, which created joint and several liability between Nova Casualty and Travelers. Travelers sought reconsideration arguing the CT period should run from October 31, 2017 to June 6, 2018 based on the period of injurious exposure. The WCAB adopted and incorporated the WCJ's report and denied reconsideration, holding that section 5500.5 measures the liability period back one year from either the 5412 date of injury or last injurious exposure, whichever occurs first.

Issues

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