George Gonczeruk, vs. Wilcox Oaks Golf Club And Compwest Insurance Company,

This case is about George Gonczeruk, who claimed to have sustained an injury to his neck while employed by Wilcox Oaks Golf Club and Compwest Insurance Company. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and rescinded the Findings and Award issued by the workers’ compensation administrative law judge. The matter was returned to the WCJ for further proceedings to clarify the actual period of cumulative trauma which caused applicant’s injury as well as “the confluence of knowledge and disability” in order to determine the proper date of injury.

Wilcox Oaks Golf Club and Compwest Insurance Company, George Gonczeruk, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGEORGE GONCZERUK,Applicant,vs.WILCOX OAKS GOLF CLUB and COMPWEST INSURANCE COMPANY,Defendants.Case No. ADJ10025370(Redding District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award (F&A) issued by the workers’ compensation administrative law judge (WCJ) on December 27, 2016, wherein the WCJ found in pertinent part that applicant sustained an injury to his neck during the period ending July 12, 2012, that applicant had disability and knowledge of industrial injury as of November 13, 2014, and the injury claim was not barred by the statute of limitations; the WCJ dismissed Pro Century Insurance Company administered by Illinois Midwest Insurance Agency, LLC and Amguard Insurance Company administered by Berkshire Hathaway Guard Insurance Companies as party defendants.            Defendant contends that applicant had “compensable disability and knowledge by late 2013 or early 2014” and as such the injury claim is barred by the statute of limitations.            We have received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ recommending the Petition be granted for the limited purpose of amending the Findings to reflect the date of injury as July 13, 2014. We have received an Answer from defendant and from co- defendants Pro Century Insurance Company and Amguard Insurance Company.            We have considered the allegations in the Petition and the Answers and the contents of the Report. Based upon our review of the record, and for the reasons set forth below, we will grant the Petition for Reconsideration, we will rescind the F&O and will return the matter to the WCJ. , BACKGROUND            Applicant claimed injury to his neck while employed by defendant during the period ending July 8, 2014.

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