Beverly Gardner — ADJ11297325

Beverly Gardner, a retired Correctional Officer, filed a cumulative trauma claim (ADJ11297325) for varicose veins covering August 10, 1984 through August 9, 2012 (her retirement date). The State (legally uninsured, administered through State Compensation Insurance Fund) denied liability based on the statute of limitations under Labor Code sections 5405 and 5412, arguing applicant knew or should have known of her industrially-related condition years earlier. The WCJ found the Labor Code section 5412 date of injury to be October 30, 2018—the first time PQME Dr. Denise Townsend diagnosed varicose veins and advised the condition was occupationally related—because no prior physician (between 2011-2013) had definitively diagnosed varicose veins despite applicant's symptoms. The WCAB denied defendant's Petition for Reconsideration, adopting and incorporating the WCJ's Report. The claim was held not time-barred since the Application was filed within one year of the 2018 date of injury, and applicant was awarded 18% unapportioned permanent disability.