WCPanelIQ
PanelDenied

Patrick JAMERSON(Dec'd) — ADJ8129185, ADJ11011740, ADJ11011618

PATRICK JAMERSON (DEC’D), Applicant vs. COMMERCIAL METALS COMPANY; AMERICAN ZURICH INSURANCE COMPANY, Defendants

ADJ number
ADJ8129185, ADJ11011740, ADJ11011618
Decision date
Mar 8, 2022
District office
San Bernardino
WCJ
—
Claim administrator
American Zurich Insurance Company
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: neck, shoulder, back, lower extremities, hearing, death (suicide)

LC §5406LC §5406.5LC §5406.6LC §5406.7LC §4700LC §4550LC §5409LC §5412LC §5506LC §5709LC §5904LC §4622LC §3201CCR §10455CCR §10500CCR §10517CCR §10617CCR §10397CCR §10492

Summary

Decedent Patrick Jamerson had filed three inter vivos claims: a CT through December 1, 2011 (ADJ8129185, resolved by stipulated award in 2014 with future medical), a specific injury of May 4, 2016 (ADJ11011618), and a CT through June 10, 2016 (ADJ11011740). After Jamerson died by suicide on September 25, 2018, his dependents filed a single application for death benefits on September 6, 2019 listing all three case numbers but specifying only the December 1, 2011 date of injury, later amended on April 17, 2020 to add the other two dates of injury. The WCJ found death benefits in ADJ8129185 barred under Labor Code section 5406(b) (more than 240 weeks from injury) but found defendant failed to prove the other two claims were barred. Defendant sought reconsideration, arguing the application was procedurally defective for listing three case numbers, that section 5406(b) barred all claims, and that the absence of a petition to reopen deprived the Board of jurisdiction. The Board affirmed, applying liberal-pleading principles to find the September 6, 2019 application valid as to all three cases and timely under section 5406(b) for the 2016 injuries.

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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