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PanelQMEMed-legalDenied

Gary Taylor — ADJ11942492

GARY TAYLOR, Applicant vs. SPACE EXPLORATION TECHNOLOGIES, dba SPACEX, permissibly self-insured, administered by CORVEL, Defendants

ADJ number
ADJ11942492
Decision date
Oct 5, 2022
District office
Santa Ana
WCJ
Richard Brennen
Claim administrator
CorVel (administering Space Exploration Technologies dba SpaceX, permissibly self-insured)
Commissioners
—

Injury / body parts: neck, lumbar spine, back

LC §3202LC §3600LC §5400LC §5405LC §5411LC §5412LC §6300

Summary

Gary Taylor, a receiving inspector for SpaceX, claimed a cumulative trauma injury to his neck and lumbar spine spanning 10/01/2012 to 01/11/2019. The WCJ found the injury arose out of and in the course of employment and that the statute of limitations, post-termination, and failure-to-report defenses did not bar the claim. SpaceX (self-insured, administered by Corvel) petitioned for reconsideration, arguing the date of injury under Labor Code § 5412 occurred as early as 07/07/2016 when applicant had treatment and knowledge, making the February 2019 filing untimely. The WCAB adopted the WCJ's Report and denied reconsideration, holding the date of injury did not arise until 2020 when applicant consulted counsel and the panel QME, Dr. La, opined on industrial causation, because applicant lacked both the requisite knowledge of industrial causation and a compensable disability before then.

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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