Gilberto Mondragon — ADJ10849936

ICW filed a Petition for Contribution against Hartford regarding a cumulative trauma claim by sewing machine operator Gilberto Mondragon against Providence Industries. The Arbitrator found a continuing trauma with a date of injury of May 15, 2018 (the P&S date assessed by treating physician Dr. Rostami) and an injurious period of May 15, 2017 to May 15, 2018, holding Hartford 100% liable since it covered the employer during the entire injurious period, and ordered reimbursement to ICW of $18,447.71. Hartford petitioned for reconsideration, arguing the date of injury was actually May 19, 2017 (when treatment began) because applicant's condition was unchanged throughout treatment, and alternatively that Dr. Rostami's 21% WPI report was not substantial evidence. The Board affirmed the Arbitrator's decision, finding that medical treatment alone is not disability and that Hartford presented no medical evidence to rebut Dr. Rostami's report establishing first compensable disability on May 15, 2018. The Board relied on Rodarte to hold that date of injury requires expert medical evidence of compensable disability, which only existed as of the P&S date.