Beckstead v. Workers' Comp. Appeals Bd.

Opinion

ARMSTRONG, J.

Kenneth Beckstead has petitioned for review of a Workers’ Compensation Appeals Board (WCAB) ruling that he did not sustain an injury arising out of and occurring in the course of employment. We order the ruling vacated.

Factual and Procedural Summary

In 1981, Beckstead was hired by Performance Automotive Warehouse (Performance) as a sales associate. The job required Beckstead to answer telephone calls and record the information he received, using both handwriting and a computer. Beckstead was working in that capacity on August 8,

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1994, when he filed an employee’s claim for workers’ compensation benefits. The claim form included blank lines in which the claimant was to give specified information. Beckstead reported that the injury occurred on August 8, 1994, at 9 a.m. Next to “describe injury and part of body affected” he wrote “left wrist.” Beckstead was unrepresented at that time.

At the WCAB hearing, Beckstead testified that he filed the claim after experiencing wrist pain on August 3 or August 5, 1994, and being told by a supervisor that he should see a doctor. On August 8, a doctor told Beckstead that he had carpal tunnel syndrome and should not work. A Performance supervisor filled out the form for Beckstead’s signature.

The claim was not denied, and Beckstead was put on temporary disability from August 16, 1994, through October 25, 1994. At the request of Fremont Compensation Insurance Company, Performance’s workers’ compensation carrier, Beckstead was examined by a Dr. David Auerbach. On August 16, Fremont sent Auerbach a letter by fax, confirming the appointment and noting that “Mr. Beckstead is . . . alleging injury to his left wrist from repetitive motion at work.” Auerbach reported to Fremont on that same date. He reported that Beckstead had complained of pain to his left wrist, and concluded that Beckstead’s “signs and symptoms” were related to his work activities, “specifically, repetitive writing and filling out orders.”

Beckstead obtained counsel, and on August 26, 1994, filed an application for adjudication of claim which indicated that he had suffered an injury to the left major upper extremity as a result of constant writing on a daily basis. August 8, 1994, was identified as his last day of work. In October, a summary of settlement conference proceedings recorded the injury as being to “left upper extremity/low back.” On November 23, 1994, Beckstead filed a petition for benefits, seeking additional benefits.