Home/Case Law/WANDA JACKSON vs. CVS PHARMACY, INC., NEW HAMPSHIRE INSURANCE COMPANY
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WANDA JACKSON vs. CVS PHARMACY, INC., NEW HAMPSHIRE INSURANCE COMPANY

Filed: Jul 19, 2019
Bakersfield
ADJ10881718

CompFox AI Summary

This case, Jackson v. CVS Pharmacy, Inc., concerns the date of injury for a cumulative trauma claim under Labor Code section 5412. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant did not know her disability was work-related until receiving medical advice. The applicant's belief that her pain was caused by work activities was insufficient without knowledge that it constituted a compensable cumulative injury. Therefore, the date of injury was determined to be when she gained this medical knowledge, not when she first experienced symptoms or had a general belief about their origin.

Full Decision Text1 Pages

This case, Jackson v. CVS Pharmacy, Inc., concerns the date of injury for a cumulative trauma claim under Labor Code section 5412. The Workers' Compensation Appeals Board denied reconsideration, upholding the finding that the applicant did not know her disability was work-related until receiving medical advice. The applicant's belief that her pain was caused by work activities was insufficient without knowledge that it constituted a compensable cumulative injury. Therefore, the date of injury was determined to be when she gained this medical knowledge, not when she first experienced symptoms or had a general belief about their origin.

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WANDA JACKSON vs. CVS PHARMACY, INC., NEW HAMPSHIRE INSURANCE COMPANY (2019) – Bakersfield | CompFox