JUAN ANGEL, Applicant vs. WESTMONT COLLEGE, GUIDEONE INSURANCE COMPANY/CHURCH MUTUAL INSURANCE COMPANY; RITE AID CORPORATION, TRAVELERS INSURANCE COMPANY, Defendants
ADJ number
ADJ10616980
Decision date
Dec 26, 2022
District office
Santa Barbara
WCJ
Scott Seiden
Claim administrator
GuideOne Insurance Company / Church Mutual Insurance Company; Travelers Insurance Company
Commissioners
—
Injury / body parts: cervical spine, left arm, right arm, left shoulder, right shoulder, left elbow, right elbow, left wrist, right wrist
LC §5500.5LC §5412
Summary
Juan Angel, a 67-year-old custodian at Westmont College and cashier at Rite Aid, claimed a cumulative trauma injury to his cervical spine and bilateral upper extremities. The WCJ issued a Findings and Award finding injury AOE/COE, 80% PD plus a life pension, no apportionment, and a Labor Code section 5412 date of injury of February 27, 2018. Defendants Guideone and Church Mutual petitioned for reconsideration. The Board granted reconsideration, adopting the WCJ's Report, but corrected Finding of Fact No. 14 to hold that under section 5500.5 the liability period runs February 27, 2017 to February 27, 2018 (one year preceding the section 5412 date), because that date occurred before the last day of injurious exposure of June 1/8, 2018. The matter was returned to the trial level for a new commutation and recalculation of attorney fees (the WCJ had used an incorrect date of birth) and reissuance of the award.
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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