decision.
work-related industrial
injury to the right
syndrome. The applicant worked
at one company continuously.
During that time the applicant
worked for two different
temporary agencies. The first
company is covered for insurance
purposes by California Insurance
Guarantee Association (CIGA).
The second company was insured
by State Compensation
Insurance Fund (SCIF).
1997. The applicant was given
wrist splints, medication, and
physical therapy. The doctor
released the applicant to modified
duties. The applicant worked
modified duties until August 7,
1998.
suffered a cumulative trauma (ct)
during the whole course of
employment from April 4 1995
until August 1998.
raised Labor code section 5412 at
trial alleging the ct started
October 3, 1997. Therefore,
under Labor Code section 5500.5
the ct should run from October 3,
1996 until October 3, 1997.
on the last year until August
Compensation Appeals Board
(WCAB) agreed with the WCJ
on petition for reconsideration.
even citing it. The court indicated
that "disability" includes both
temporary and permanent
disability but not medical
treatment alone. However, the
supplying of wrist splints may
imply that there will be
permanent disability and,
therefore, an earlier date of injury
pursuant to Labor Code section
5412.
Firm: Samuelsen, Gonzalez,
Valenzuela and Brown
Address: 18500 Von
Karman #470, Irvine
Phone: 949 644-2694
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