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Alexandra Metcalfe — ADJ13553712

ALEXANDRA METCALFE, Applicant vs. TULARE NURSING REHAB CENTER; CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ13553712
Decision date
Aug 9, 2026
District office
Fresno
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Cypress Insurance Company); Insurance Company of the West
Commissioners
JOSÉ H. RAZO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: bilateral wrists, bilateral hands, bilateral shoulders, upper extremities

LC §5412LC §5500.5LC §3208.1LC §5275LC §5272LC §5909LC §5900CCR §10600

Summary

Applicant, a certified nursing assistant, claimed cumulative trauma injury to her bilateral wrists, hands, shoulders, and upper extremities during employment from January 10, 2019 to January 10, 2020. The WCJ found industrial injury AOE/COE, deemed the QME reporting substantial medical evidence, and set the Labor Code section 5412 date of injury as March 6, 2020. ICW sought reconsideration, arguing the date of injury was October 8, 2021. The Board granted reconsideration, affirmed the AOE/COE finding and the substantiality of the QME reporting, but concluded the record did not support applicant's knowledge that her disability was work-related as of March 6, 2020. The Board rescinded the F&O and substituted a new Findings of Fact deferring the date-of-injury issue, noting the dispute arose from a pending contribution petition that likely requires mandatory arbitration under section 5275(a)(2).

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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