Home/Case Law/RAINEY RANDALL vs. SOUTHERN WINE & SPIRITS, TIG INSURANCE COMPANY, ACE USA/ESIS, EXPLORER INSURANCE COMPANY
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RAINEY RANDALL vs. SOUTHERN WINE & SPIRITS, TIG INSURANCE COMPANY, ACE USA/ESIS, EXPLORER INSURANCE COMPANY

Filed: Feb 13, 2009
ADJ2721650 (AHM 0082733) ADJ1775630 (AHM 0085375) ADJ3043671 (AHM 0094450)

CompFox AI Summary

This case involves a dispute over the date of injury for a workers' compensation claim of cumulative upper extremity and neck trauma. The applicant alleges injury during her employment with Southern Wine & Spirits. One defendant insurer, ESIS, contends the original finding of a single date of injury was incorrect and argues for two separate cumulative trauma injuries. The Appeals Board rescinded the original order, finding the record requires further development to definitively determine the date(s) of injury under Labor Code section 5412. The matter is returned to the trial level for further evidence, including potentially further medical evaluation, to establish the correct injury date(s) before allocation of liability is addressed.

Full Decision Text1 Pages

This case involves a dispute over the date of injury for a workers' compensation claim of cumulative upper extremity and neck trauma. The applicant alleges injury during her employment with Southern Wine & Spirits. One defendant insurer, ESIS, contends the original finding of a single date of injury was incorrect and argues for two separate cumulative trauma injuries. The Appeals Board rescinded the original order, finding the record requires further development to definitively determine the date(s) of injury under Labor Code section 5412. The matter is returned to the trial level for further evidence, including potentially further medical evaluation, to establish the correct injury date(s) before allocation of liability is addressed.

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RAINEY RANDALL vs. SOUTHERN WINE & SPIRITS, TIG INSURANCE COMPANY, ACE USA/ESIS, EXPLORER INSURANCE COMPANY (2009) – | CompFox