CompFox AI Summary
This case concerns Zenith Insurance Company's petition for reconsideration of a workers' compensation award. The administrative law judge found the applicant sustained a single cumulative injury and that Zenith, as the sole carrier during the relevant one-year liability period preceding the applicant's last day of employment, was solely liable. Zenith argued the liability period should have been earlier based on the applicant's alleged date of injury under Labor Code section 5412. The Board denied reconsideration, adopting the judge's reasoning that compensable disability requires wage loss or ratable permanent disability, which occurred after the applicant's employment ended and was definitively established by an agreed medical evaluator.
Full Decision Text1 Pages
This case concerns Zenith Insurance Company's petition for reconsideration of a workers' compensation award. The administrative law judge found the applicant sustained a single cumulative injury and that Zenith, as the sole carrier during the relevant one-year liability period preceding the applicant's last day of employment, was solely liable. Zenith argued the liability period should have been earlier based on the applicant's alleged date of injury under Labor Code section 5412. The Board denied reconsideration, adopting the judge's reasoning that compensable disability requires wage loss or ratable permanent disability, which occurred after the applicant's employment ended and was definitively established by an agreed medical evaluator.
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