WCPanelIQ
PanelQMEMed-legalDenied

Julia Engen — ADJ11289453

JULIA ENGEN, Applicant vs. CITY OF IRVINE, Permissibly Self-Insured, Administered By ADMINSURE, Defendant

ADJ number
ADJ11289453
Decision date
Apr 26, 2021
District office
Anaheim
WCJ
—
Claim administrator
AdminSure (administering for City of Irvine, Permissibly Self-Insured)
Commissioners
—

Injury / body parts: cancer - squamous cell carcinoma of the anus, other body systems (toxic exposure/carcinogens)

LC §5405LC §5412

Summary

Applicant Julia Engen, a police officer, claimed industrial cumulative trauma injury in the form of squamous cell carcinoma of the anus during a period ending August 13, 2012. Although she filed a DWC-1 claim form in December 2012 and underwent a PQME evaluation with Dr. Charles Wiseman in March 2013, the PQME was unable to find industrial causation at that time, and the claim was denied. Applicant filed an Application for Adjudication of Claim through counsel on April 24, 2018, and Dr. Wiseman only found industrial causation in his September 2019 report and a cumulative trauma in his May 2020 deposition. Defendant argued the claim was barred by the statute of limitations under Labor Code section 5405. The WCJ found, and the Board affirmed, that applicant did not have actual or constructive knowledge of industrial causation until she filed the application, so the claim was timely. The Board denied reconsideration.

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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