Gail Matthews — ADJ15099173

Applicant Gail Matthews alleged a cumulative trauma injury to her left upper extremity, shoulder, elbow, wrist, and thumb during a continuous trauma period ending August 5, 2021, while working as a claims adjuster for Sutter Health. The sole issues at trial were AOE/COE and need for further medical treatment; defendant did not raise the statute of limitations. The WCJ found a compensable cumulative trauma ending 8/5/2021 based on PQME Dr. Sclafani's reporting and deposition testimony. Defendant petitioned for reconsideration arguing the WCJ erred by not analyzing the date of injury under Labor Code section 5412. The Appeals Board affirmed the Findings of Fact, holding that section 5412 defines the date of injury (relevant to statute of limitations, compensation rate, and dependency) but not the existence or definition of a cumulative trauma under section 3208.1, and that defendant had stipulated to the CT period and did not raise the 5412 issue at trial.