State Of California Department Of Corrections & Rehabilitation; State Compensation Insurance Fund, Robert Rodriguez, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT RODRIGUEZ,Applicant,vs.STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION; STATE COMPENSATION INSURANCE FUND,Defendant(s).Case Nos. ADJ9590905ADJ9137221(Eureka District Office)OPINION AND DECISION AFTER RECONSIDERATION We previously granted reconsideration in this matter to study the factual and legal issues. This is our Opinion And Decision After Reconsideration. Defendant State of California Department of Corrections & Rehabilitation seeks reconsideration of the Joint Findings and Award (F&A) issued by the workers’ compensation administrative law judge (WCJ) on November 18, 2016. In case number ADJ9137221, the WCJ found that applicant sustained industrial injury to his right shoulder, hand and thumb while employed as a Correctional Officer by defendant on January 8, 2010. In case number ADJ9590905, the WCJ found that applicant’s cumulative trauma period from employment commenced on July 31, 1995 and extended through January 19, 2011, defendant did not provide applicant a claim form for the claimed injuries to his bilateral feet, defendant’s failure to provide the claim form tolled the statute of limitations, applicant’s claim for injuries to his bilateral lower extremities is not barred by the statute of limitations, and defendant has not unreasonably denied benefits. Defendant does not contest the F&A in ADJ9137221. Defendant contends that in ADJ9590905 the parties stipulated that the date of injury was the cumulative trauma period ending January 19, 2011, that applicant knew his cumulative injury was work related and the claim had to be filed within one year of the date of injury, that applicant chose not to file the cumulative injury claim until] August 2014 , because he wanted to return to work as an annuitant after retiring, that applica
Robert Rodriguez, vs. State Of California Department Of Corrections & Rehabilitation; State Compensation Insurance Fund,
This case involves Robert Rodriguez, an employee of the State of California Department of Corrections & Rehabilitation, who filed a claim for injuries to his right shoulder, hand, thumb, left shoulder, knees, and feet. The State Compensation Insurance Fund argued that the claim was barred by the statute of limitations, but the Workers' Compensation Appeals Board found that the statute of limitations was tolled due to the defendant's failure to provide the claim form. The Board granted reconsideration to further study the factual and legal issues and ultimately rescinded the Findings and Award and returned the matter to the WCJ for further proceedings.
- Filed On:
- Court: California, Eureka
- Case No. ADJ9590905
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