The applicant filed a cumulative trauma claim for the period June 1, 2020 through July 18, 2021 to her neck, back, shoulders, feet and knees.  Defendants timely denied the claim based on lack of substantial medical reporting.  Defense counsel pressed the matter to trial and secured a take nothing award from Judge Halprin in Santa...

In this case handled by Melissa Duchene, applicant had a minor knee bump and then over a week later became paralyzed.  The applicant’s attorney initially filed a specific injury on the knee trying to raise the paralysis as a compensable consequence.  They subsequently also filed a CT trying to find a way to have the...

The applicant in this matter was a Minor League baseball player who played exclusively for out-of-state minor league affiliates of the California-based MLB baseball club, San Francisco Giants. This matter proceeded to trial on the bifurcated issue of whether the Workers’ Compensation Appeals Board had subject matter jurisdiction over Applicant’s cumulative trauma injuries alleged against...

The WCAB issued a favorable decision in favor of an out-of-state employer under the AB-1309 amendments to Labor Code Section 3600.5. While the WCAB stopped short of finding the entire CT claim barred per Labor Code Section 3600.5(d), the WCAB found the Philadelphia Phillies satisfied the requirements for exemption under Labor Code Section 3600.5(c) and...

Case involved a 10/13/15 denied specific injury to the applicant’s back. The claim was originally denied based on no substantial medical or factual evidence to support a work related injury as well as pursuant to LC3600(a)(10) – post termination basis. During the applicant’s deposition he adamantly testified that he injured his back lifting a box...

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