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Case Name | Ito v. WCAB (Fry's Food Stores) | |
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Date | 10/29/1993 | |
Note | When doubt exists as to whether injuries are cumulative or separate, file separate applications for each incident. | |
Citation | 58 CCC 744 | |
WCC Citation | WCC 27581993 CA |
Lori Ito, Petitioner v. Workers' Compensation Appeals Board of the State of California, Fry's Food Stores, et al. , Respondents. COUNSEL: For petitioner--Frank Ury For respondent employer--Nathan Gilbert OPINION BY: Newsom, Acting P. J. OPINION: Lori Ito (applicant) worked as a food clerk for Fry's Food Stores (employer). She loaded it with anything from toilet paper to 50-pound bags of dog food. The other 25 percent of the time she did checking and customer service at the front of the store. The WCJ found that the second trial was not collaterally estopped by the first because the issues were not identical.
Download full case here.
Download full case here.