complaints began in the year
2000. After the trial, but before
the judge issued a decision, the
defendant did a "master trace".
The defendant discovered the
history given to the doctor's and
the testimony at trial and
deposition was not accurate.
There were records the applicant
had been diagnosed with carpal
tunnel at the commencement of
her employment with the
defendant in 1999.
Workers' Compensation Judge
(WCJ) did not address the
reopening of the record and
found for the applicant. The
defendant appealed and the
Workers' Compensation Appeals
Board (WCAB) denied
reconsideration and did not admit
the records.
due diligence. Section 10856
discusses reasonable diligence.
Therefore, the court decided that
due diligence is the same as
reasonable diligence. The court
overturned the WCAB because
the opinion was not based on
substantial evidence since they
did not review the prior records.
carpal tunnel does not develop
over a short period of time. This
would be something to have the
doctor address at the time of any
evaluation.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 644-2694
UNDER 5502 (D) (3)
is significant for many reasons.
The applicant alleged bilateral
carpal tunnel syndrome. The
applicant filed a workers'
compensation claim and was
referred for treatment. The
applicant testified at her
deposition that her hands started
hurting about a year after going
to work for the employer.
mandatory settlement conference
at which time both sides listed
their evidence in accordance
with Labor Code section 5502
(d) (3).
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