WCPanelIQ
PanelDenied

Larry Triplett — ADJ7454093, ADJ628128, ADJ7454084

LARRY TRIPLETT, Applicant vs. NORDIC INDUSTRIES; ENSTAR (US), INC.; dba ENSTAR administrators for CLARENDON NATIONAL INSURANCE COMPANY, as successor in interest to SEABRIGHT INSURANCE COMPANY; KIN ENTERPRISES, INC.; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ7454093, ADJ628128, ADJ7454084
Decision date
Dec 29, 2022
District office
Redding
WCJ
Curt Swanson
Claim administrator
ENSTAR (US), Inc. dba ENSTAR, administrator for Clarendon National Insurance Company (successor in interest to SeaBright Insurance Company); State Compensation Insurance Fund
Commissioners
—

Injury / body parts: neck, back, arms, legs, hips, head (headaches), wrists, hands, upper extremities

LC §3208.1LC §5500.5

Summary

Larry Triplett, a heavy equipment operator, sustained cumulative trauma injuries while operating heavy machinery on several jobs. The central dispute was whether his injurious exposure constituted one continuous cumulative trauma period (July 2005 to November 2006) or two separate cumulative trauma periods separated by a 9-month break during which he did not work. The WCJ found two separate cumulative trauma injuries because the 9-month gap involved no medical treatment and no disability, breaking the continuity required to link the two exposure periods. The WCAB granted reconsideration to study the issues, then affirmed the October 26, 2021 Findings and Order, Award, adopting and incorporating the WCJ's report. Commissioner Sweeney wrote a concurring opinion distinguishing the facts from Matthews v. San Diego Chargers, emphasizing the absence of treatment or medical evidence of disability during the 9-month break.

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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