Stuart Rubin vs. Delta Air Lines/ACE American Insurance as administered by ESIS

This case concerns an employee's cumulative trauma claim against Delta Airlines for injuries to his spine, right shoulder, and right knee. The defendant sought reconsideration of the original award, arguing the claim was barred by the statute of limitations and the medical evidence did not support injury to the shoulder and knee. The Appeals Board granted reconsideration, rescinded the original award, and returned the matter for further proceedings. The Board found that the earlier medical report, relied on by the defendant, may not have been based on a complete history and that Dr. Green's apportionment was specifically for surgeries, not necessarily cumulative trauma to the shoulder and knee.