Home/Case Law/CHARLIE WOOTEN vs. BARLOW RESPIRATORY HOSPITAL, ZENITH INSURANCE, CIGA, HIH AMERICA/GREAT STATES IN LIQUIDATION, Administered by INTERCARE
Regular DecisionReconsideration

CHARLIE WOOTEN vs. BARLOW RESPIRATORY HOSPITAL, ZENITH INSURANCE, CIGA, HIH AMERICA/GREAT STATES IN LIQUIDATION, Administered by INTERCARE

Filed: Sep 23, 2010
San Francisco
ADJ1488656 (LBO 0306208) ADJ4306223 (LBO 0322527) ADJ4190554 (LBO 0365076) ADJ2421745 (LBO 0306207)

CompFox AI Summary

This case concerns applicant Charlie Wooten's claim for cumulative trauma injuries arising from her employment as a secretary. The Workers' Compensation Appeals Board granted reconsideration to reverse the original finding that the date of injury was August 14, 1997. The Board determined, based on case law regarding "disability," that the correct date of injury is November 6, 1998, the date applicant became temporarily totally disabled for surgery. This shifts liability to Zenith Insurance, as CIGA is excluded when other coverage exists for the cumulative trauma period. The Board also remanded the neck injury claim for further determination.

Full Decision Text1 Pages

This case concerns applicant Charlie Wooten's claim for cumulative trauma injuries arising from her employment as a secretary. The Workers' Compensation Appeals Board granted reconsideration to reverse the original finding that the date of injury was August 14, 1997. The Board determined, based on case law regarding "disability," that the correct date of injury is November 6, 1998, the date applicant became temporarily totally disabled for surgery. This shifts liability to Zenith Insurance, as CIGA is excluded when other coverage exists for the cumulative trauma period. The Board also remanded the neck injury claim for further determination.

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