WCPanelIQ
PanelQMEMed-legalDenied

Simmons, Paris

PARIS SIMMONS, Applicant vs. COSTCO WHOLESALE CORPORATION, permissibly self-insured; administered by HELMSMAN MANAGEMENT, Defendants

ADJ number
ADJ19233122
Decision date
Oct 5, 2025
District office
San Francisco
WCJ
—
Claim administrator
Helmsman Management (administering for Costco Wholesale Corporation, permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: cervical spine, thoracic spine, lumbar spine, bilateral shoulders, right upper extremity

LC §3208.1LC §5412LC §5500.5LC §5500.6LC §5900LC §5903LC §5909LC §5952

Summary

Applicant Paris Simmons, a Costco cashier, claimed a cumulative trauma injury during the period September 21, 2022 through September 21, 2023 to the cervical, thoracic, and lumbar spine, bilateral shoulders, and right upper extremity. The WCJ's July 3, 2025 Findings and Award found injury AOE/COE with a need for continuing medical treatment, relying on the reporting and deposition testimony of PQME Dr. Lorenzo Hughes. Defendant sought reconsideration, arguing the finding failed the standards of Labor Code section 5412 and Rodarte because there was no evidence of compensable disability on September 21, 2023. The Appeals Board denied reconsideration, holding that defendant conflated the section 5500.5 injurious exposure date and the section 5412 date of injury, neither of which had yet been determined, and that the AOE/COE finding was supported by substantial medical evidence from Dr. Hughes.

Issues

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Holding

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Analysis

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Defense takeaway

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Provider takeaway

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