WCPanelIQ
PanelQMEGranted

Halah Abdulkareem — ADJ11965648

HALAH ABDULKAREEM, Applicant vs. DIMENSION DEVELOPMENT TWO, LLC (HILTON GARDEN INN); EVEREST NATIONAL INSURANCE, Defendants

ADJ number
ADJ11965648
Decision date
Jun 17, 2021
District office
Sacramento
WCJ
—
Claim administrator
Sedgwick (for Everest National Insurance)
Commissioners
DEIDRA E. LOWE, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, right arm, right elbow, right shoulder, right leg, back

LC §5702LC §5500.5LC §5412LC §5904CCR §10750CCR §10803CCR §10492CCR §10517

Summary

Applicant, a hotel housekeeper, filed a claim alleging a specific injury on May 10, 2018 to multiple body parts. The QME, Dr. Char, opined that the disability was due to cumulative trauma rather than a single specific incident. The parties settled by Compromise and Release for $20,000, stipulating in the agreement that the injury was cumulative trauma (not specific) and reserving defendant's right to seek contribution against other employers/insurers during the exposure period. After settlement, defendant Everest National petitioned to join Berkshire Hathaway Homestate Insurance, which had covered the employer from 6/1/2016-6/1/2017, but the WCJ denied joinder on the basis that defendant could not change the date of injury. The Appeals Board granted reconsideration, rescinded the Order, and ordered Berkshire joined, holding that the parties' stipulation to cumulative trauma effectively amended the pleadings and that defendant had the right to pursue contribution under section 5500.5.

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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