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Carlos Gonzales — ADJ13356237

CARLOS M. GONZALES, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, LEGALLY UNINSURED, ADMINISTERED BY STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ13356237
Decision date
Jun 29, 2022
District office
Salinas
WCJ
Michael H. Young
Claim administrator
State Compensation Insurance Fund (administering State of California, Department of Corrections and Rehabilitation, legally uninsured)
Commissioners
—

Injury / body parts: bilateral wrists, bilateral hands, knee (mentioned as reason for retirement)

LC §5405LC §5412

Summary

Applicant Carlos Gonzales, a correctional officer, filed a cumulative trauma claim for injury to his bilateral wrists and hands (and other body parts) with a period of exposure ending 7/10/12. Defendant State of California (CDCR), legally uninsured and administered by State Compensation Insurance Fund, petitioned for reconsideration of the WCJ's Amended Findings and Award, arguing the wrist/hand claim was barred by the statute of limitations under Labor Code section 5405 and that the order for additional QME panels was therefore erroneous. The WCJ found that the 'date of injury' under Labor Code section 5412 had not been triggered more than a year before the application, because no physician had informed applicant that his symptoms constituted a compensable disability caused by work until QME Dr. Whitelaw's 11/18/20 report. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.

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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