WCPanelIQ
PanelGranted

Rocha, Chris

CHRIS ROCHA, Applicant vs. UNILAB CORPORATION, CIGA, BY ITS SERVICING FACILITY, INTERCARE HOLDINGS INSURANCE SERVICES, INC. FOR LUMBERMENS MUTUAL CASUALTY COMPANY, IN LIQUIDATION; QUEST DIAGNOSTICS INCORPORATED, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number
ADJ3246274
Decision date
Sep 3, 2025
District office
Van Nuys District Office
WCJ
—
Claim administrator
Intercare Holdings Insurance Services, Inc. (servicing facility for CIGA for Lumbermens Mutual Casualty Company, in liquidation); Travelers Property Casualty Company of America
Commissioners
KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: shoulders, elbows, wrists

LC §5412LC §5500.5LC §3208.1LC §5405

Summary

Applicant, a phlebotomist for Unilab (later acquired by Quest Diagnostics), sustained a cumulative trauma injury to her shoulders, elbows, and wrists. The WCJ had found a date of injury of May 1, 2003 with a period of liability extending the full employment period and dismissed CIGA (covering Unilab's insolvent carrier Lumbermens) on the theory that Travelers (Quest's carrier) constituted 'other insurance.' Travelers sought reconsideration, arguing both the section 5412 date of injury and the section 5500.5 period of liability lacked evidentiary support. The Board agreed, holding the section 5412 date of injury was May 14, 2002—when applicant began receiving temporary disability after carpal tunnel surgery, concurring with her knowledge established by the March 2002 claim form. Because the date of injury (May 14, 2002) predates the last injurious exposure and controls, the period of liability is May 14, 2001 through May 14, 2002, before Quest/Travelers had coverage (which began February 26, 2003), so the claim remains a CIGA 'covered claim' and CIGA's dismissal was rescinded.

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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