Arciga v. WCAB (Kendall Jackson Wine Estates)
Petitioner petitioned this court for writ of review after the Workers' Compensation Appeals Board (Board) denied her claim for workers' compensation (WC) benefits. Court denied her petition. Our Supreme Court transferred the matter back to this court with directions to vacate our order and issue a writ of review.
Court have done so. For the reasons court explain, court remand the matter to the Board to reconsider whether, under Labor Code section 5402, Kendall Jackson Wine Estates, Ltd. (KJ) had inquiry notice of possible industrial injury to appellant's hands while she was pruning vines for it. The Board shall also determine whether Arciga knew she had sustained cumulative trauma (CT) before KJ terminated her from work under section 5412. The Board in its discretion may send the matter back to the WCJ to take additional evidence if it deems it necessary to do so.
It appears that the Board has construed the post termination rules concerning employer knowledge and CT too narrowly. Accordingly, court remand this matter with directions that the Board annul its decision and conduct further proceedings to determine whether Arciga sustained CT and whether KJ was on inquiry notice while she was working that she was suffering from work-related injuries.
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