Brenda Phillips vs. Cintas Corporation; Sedgwick Claims Management

is a case involving Brenda Phillips and Cintas Corporation and Sedgwick Claims Management. Brenda Phillips filed a claim for a cumulative trauma injury through September 24, 2008, which was denied by the workers' compensation administrative law judge (WCJ). The WCJ found that her claim was barred by the statute of limitations. On appeal, the Workers' Compensation Appeals Board granted reconsideration and amended the Joint Findings and Order to find that applicant sustained a cumulative trauma injury to her back and right leg, and that her claim was not barred by the statute of limitations. The Board also found that the employer had not offered any evidence that it denied the claim, and thus the injury was presumed compensable under Labor Code section 5402(b).

Cintas Corporation; Sedgwick Claims Management Brenda Phillips WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRENDA PHILLIPS, Applicant,vs. CINTAS CORPORATION; SEDGWICK CLAIMS MANAGEMENT, Defendants.Case Nos. ADJ7661668 ADJ8119560(Los Angeles District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the December 27, 2012 Joint Findings and Order wherein the workers’ compensation administrative law judge (WCJ) found that applicant did not sustain an industrial injury on May 2, 2008 to her neck in ADJ7662668, and that her claim for a cumulative trauma injury through September 24, 2008 in ADJ811950 is barred by the statute of limitations.            Applicant contends that the WCJ erred in finding that applicant did not sustain an industrial injury, arguing that the WCJ should have considered applicant’s use of medication and memory issues when evaluating her testimony. Applicant also contends that her claim in ADJ811950 is not barred by the statute of limitations and is presumed compensable.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have received an Answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration recommending that we grant reconsideration for the limited purpose of finding that applicant’s cumulative trauma injury was not barred by the statute of limitations.            For the reasons discussed below, we will grant reconsideration and amend the Joint Findings and Order to find that applicant sustained a cumulative trauma injury to her back in ADJ811950 and otherwise affirm the WCJ’s decision./// ,             In an October 10, 2008 report, applicant’s personal physician, Dr. Chen described the following history of onset of symptoms:[justify]      “The patient is a 38 year-old woman complaining of right leg pain for the[/justify][justify]      past thre

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