What the panel ordered
The Petition for Reconsideration filed by Defendant is denied.
Defendant filed a Petition for Reconsideration of the WCJ's Findings and Order issued on September 27, 2023, which was denied by the WCAB panel decision dated December 22, 2023.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Jurisdiction / venueApplicant prevailedneck · shoulders · hand · wrist · upper extremities · upper/lower back
The court found that the current cumulative trauma claim is a separate cause of action from the prior settled claim and thus not barred by res judicata or collateral estoppel.
From the decision · page 8Res judicata and/or collateral estoppel do not apply to bar this case because it is not the same cause of action as the prior CT pled as 1/1/06-1/31/07 (ADJ6967095) which settled via stipulated award on 4/20/15. The court found in its Opinion on Decision pursuant to Aetna Casualty and Surety Co. v. WCAB (Coltharp) (1973) 38 CCC 720, that the case at bar is actually a subsequent CT injury running from September 2007 through December 2008, whereas the previously settled CT injury was for the period of exposure running from 1/1/06 through June 2007, at which time Applicant had surgery, was placed on disability, and was off