JAMES KENDALL (Deceased) vs. OPENWAVE SYSTEMS, INC., AMERICAN PROTECTION INSURANCE CO., BROADSPIRE, A CRAWFORD CO., TRAVELERS INDEMNITY CO. OF CONNECTICUT, LUMBERMEN'S MUTUAL CASUALTY CO.

This case concerns the determination of liability for a deceased worker's cumulative trauma injury, specifically carpal tunnel syndrome. The Workers' Compensation Appeals Board granted reconsideration to amend the period of injurious exposure. The Board found that the applicant's date of injury, based on the onset of temporary disability, was September 30, 2004. Therefore, the statutory period of liability under Labor Code § 5500.5 was established as September 30, 2003, through September 29, 2004, the employee's last day of work. This amendment impacts the contribution between insurers APIC and Travelers.