Maria Guerrero, vs. Walker Corporation; Chubb Group Of Insurance Companies; Fireman’s Fund Insurance Company,

This case involves Maria Guerrero, who was employed by Walker Corporation and was injured while on the job. Guerrero took Family Medical Leave Act (FMLA) time between May 23, 2011 and August 6, 2011, and then returned to normal duties on August 6, 2011. On March 23, 2012, Guerrero again took FMLA leave. The medical record indicates a break in Guerrero's medical treatment of the work-related injuries between July 5, 2011 and December 26, 2011. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding that there were two separate periods of cumulative injurious exposure, one ending May 23, 2011 and one ending March 23, 2012, based on the anti-merger provisions of sections 320

Walker Corporation; Chubb Group Of Insurance Companies; Fireman’S Fund Insurance Company, Maria Guerrero, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA GUERRERO,Applicant,vs. WALKER CORPORATION; CHUBB GROUP OF INSURANCE COMPANIES; FIREMAN’S FUND INSURANCE COMPANY,Defendants.Case No. ADJ8484051(Pomona District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration, the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto, and the contents of the WCJ’s Opinion on Decision. Based on our review of the record, and for the reasons stated in the WCJ’s report and opinion, which are both adopted and incorporated herein, and the reasons stated below, we will deny reconsideration.            In Aetna Cas. & Surety Co. v. Workmen’s Comp. Appeals Bd (Coltharp) (1973) 35 Cal.App.3d 329 [38 Cal.Comp.Cases 17] (Coltharp), the Appeals Board had found that two specific incidents that caused injury to the employee’s back were part of one continuous trauma injury to that body part. The Court of Appeal annulled the Appeals Board’s decision because the record revealed that the two specific incidents caused distinct periods of disability that were separated by a period when there was no compensable injury. As held in Coltharp, Labor Code sections 3208.1 and 3208.2 do not allow separate cumulative injuries to be treated as a single cumulative injury when there are separate periods of disability and separate periods of need for medical treatment. (Coltharp, supra, 35 Cal.App.3d at pp. 342-343; cf. Ferguson v. City Of Oxnard (1970) 35 Cal.Comp.Cases 452 (Appeals Board en bane).)            In this case, applicant first took Family Medical Leave Act (FMLA) time between May 23, 2011 and August 6, 2011. She subsequently returned to normal duties on August 6, 2011 and worked through , March 22, 2012. On March 23, 2012, Applicant again took F

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