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PanelGranted

Thomas Pendergest — ADJ10390527, ADJ10256080, ADJ10256081

THOMAS PENDERGEST, Applicant vs. WILMINGTON PROPELLER SERVICE, INC.; HARBOR SPECIALTY INSURANCE c/o AMERICAN PROPERTY INSURANCE CO. c/o CLARENDON NATIONAL INSURANCE CO., ADMIN. BY INTERCARE INSURANCE; WESCO INSURANCE, ADMIN. BY AMTRUST; EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants

ADJ number
ADJ10390527, ADJ10256080, ADJ10256081
Decision date
Mar 21, 2022
District office
Anaheim
WCJ
—
Claim administrator
Intercare Insurance Services (Harbor Specialty/American Property/Clarendon National); Amtrust (Wesco Insurance); Employers Compensation Insurance Company (ECIC)
Commissioners
DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: lumbar spine, left shoulder, bilateral thumbs, bilateral hips, left knee, bilateral knees, hearing/ear, back, phlebitis

LC §5400LC §5401LC §5402LC §5404LC §5405LC §5412LC §5313LC §5500LC §5500.5LC §5307.27LC §4600LC §4650LC §5952LC §3208.2CCR §10450CCR §10517

Summary

Applicant Thomas Pendergest filed three cumulative trauma claims spanning nearly 30 years of employment with Wilmington Propeller Service. The WCJ found that none of the claims were barred by 'any statute of limitations' under Reynolds tolling because applicant was never provided a claim form or advised of filing deadlines, and also found the claims were not presumptively compensable. ECIC sought reconsideration, arguing the F&O failed to address whether compensation was barred under Labor Code sections 5400, 5402, and 5405. The Board granted reconsideration, finding the record failed to specify which statutory time limitations were at issue and that the WCJ never determined the number/nature of injuries or the section 5412 date of injury. The Board rescinded the F&O and returned the matter to the trial level for further proceedings to develop the record.

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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