WCPanelIQ
PanelGranted in Part

Lira, Jeanette

JEANETTE LIRA, Applicant vs. COTTAGE HEALTH SYSTEM, PSI, administered by GALLAGHER BASSETT; SANSUM SANTA BARBARA MEDICAL; ZURICH AMERICAN INSURANCE COMPANY, Defendants

ADJ number
ADJ9198656
Decision date
Jul 6, 2025
District office
Santa Barbara
WCJ
Scott J. Seiden
Claim administrator
Gallagher Bassett (for Cottage Health System, PSI); Zurich American Insurance Company
Commissioners
—

Injury / body parts: bilateral upper extremities, neck, gastrointestinal system, complex regional pain syndrome (CRPS), right elbow, right wrist, right thumb, cervical spine

LC §5412LC §5500.5LC §5500.6LC §5900LC §5904LC §5405LC §5409LC §5909CCR §10600

Summary

Applicant Jeanette Lira, a phlebotomist employed from March 19, 2001 to January 3, 2011, was found to have sustained a single cumulative trauma injury to her bilateral upper extremities, neck, gastrointestinal system, and CRPS. The PWCJ determined the section 5412 date of injury was January 6, 2007 and the section 5500.5 liability period as January 6, 2006 to January 6, 2007, but inadvertently named Cottage Health System as the liable party. Cottage Health sought reconsideration to correct the clerical error, arguing Sansum Santa Barbara Medical (insured by Zurich) was the correct employer during the liability period; Zurich argued multiple injuries existed and, alternatively, that the claim was barred by the statute of limitations. The Board granted Cottage Health's petition and amended the award to name Sansum/Zurich as liable, denied Zurich's petition, and affirmed the April 9, 2025 F&A. The Board held the single-injury determination was final (decided in the January 6, 2025 ODAR with no appeal) and the statute of limitations defense was waived because it was not timely raised before submission.

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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