ADJ10656647 · September 14, 2026

The Appeals Board deferred issues of benefit administration and contribution, rejecting defendant ICW's contention that AFH should be solely liable, based on the statutory election provisions and case law.

From the decision · page 9Accordingly, we are unable to discern merit to defendant ICW’s contention that the WCJ erred in ADJ10656647 by deferring the issues of benefit administration and contribution. Having determined the merits of the Petitions, we note that (1) the WCJ found that defendant AFH insured the employer, Hills of Eternity/Home of Peace Management Group, during the calendar year 2014; and (2) we found that the last date of injurious exposure and the last date of the one-year-period of insurer liability was April 27, 2016.

The Appeals Board found that applicant sustained cumulative injury to his back with the last date of injurious exposure on April 27, 2016, and the date of injury under section 5412 was February 3, 2020, based on uncontroverted AME medical evidence.

From the decision · page 10For the foregoing reasons, IT IS ORDERED, as the Decision After Reconsideration of the Workers’ Compensation Appeals Board, that the Joint Findings of Fact, Awards, and Order issued on November 23, 2022 is RESCINDED and the following is SUBSTITUTED therefor: JOINT FINDINGS OF FACT 1. At all relevant times herein, applicant, born _______, was employed as a groundskeeper (Occupational Group 491) in Colma, California, by defendant HILLS OF ETERNITY/HOME OF PEACE MANAGEMENT GROUP. 2. The defendant employer was insured against compensation liability by defendant AMERICAN FAMILY HOME INSURANCE COMPANY during the calendar year 2014 and by defendant INSURANCE COMPANY OF THE WEST during the calendar year 2015. 3. At all relevant times herein, applicant’s pre-injury earnings were sufficient to entitle him to the maximum statutory permanent partial indemnity weekly rate. 4. In WCAB Case No. ADJ10656667, on April 12, 2015, applicant sustained injury, arising out of and occurring in the course of the employment identified in Finding of Fact No. 1, to his back. 5. In WCAB Case No.

Applicant did not meet burden of proof for injury AOE/COE in ADJ13080462, so claim was denied.

The Appeals Board found 46% permanent partial disability with no apportionment to other industrial or non-industrial causes, based on the evidence and findings of fact.

From the decision · page 10For the foregoing reasons, IT IS ORDERED, as the Decision After Reconsideration of the Workers’ Compensation Appeals Board, that the Joint Findings of Fact, Awards, and Order issued on November 23, 2022 is RESCINDED and the following is SUBSTITUTED therefor: JOINT FINDINGS OF FACT 1. At all relevant times herein, applicant, born _______, was employed as a groundskeeper (Occupational Group 491) in Colma, California, by defendant HILLS OF ETERNITY/HOME OF PEACE MANAGEMENT GROUP. 2. The defendant employer was insured against compensation liability by defendant AMERICAN FAMILY HOME INSURANCE COMPANY during the calendar year 2014 and by defendant INSURANCE COMPANY OF THE WEST during the calendar year 2015. 3. At all relevant times herein, applicant’s pre-injury earnings were sufficient to entitle him to the maximum statutory permanent partial indemnity weekly rate. 4. In WCAB Case No. ADJ10656667, on April 12, 2015, applicant sustained injury, arising out of and occurring in the course of the employment identified in Finding of Fact No. 1, to his back. 5. In WCAB Case No.

AME Dr. Campbell's medical opinion that the last date of injurious exposure was April 27, 2016, was uncontroverted and relied upon by the Appeals Board.

Favours Applicant prevailed

This established the correct period of liability under Labor Code section 5500.5, affecting the award and responsible defendants.

From the decision · page 6(Jt. Exh. 5, at p. 8; Opinion on Decision, pp. 5-6.) He based his opinion on medical records of applicant’s work status which showed that after November 3, 2015 all of applicant’s work restrictions remained lifted until April 27, 2016. (Id.) Given that AME Dr. Campbell’s reporting—and the evidence on which it relied—is uncontroverted, we discern no good reason to reject it. Hence we conclude that applicant’s last date of injurious exposure was April 27, 2016. (See Power v. Workers' Comp. Appeals Bd.

Applicant did not meet burden of proof for injury AOE/COE in ADJ13080462, leading to denial of that claim.

Favours Defendant prevailed

This resulted in the claim in ADJ13080462 being denied.

Dr. Campbell opined that the last date of injurious exposure was April 27, 2016, and the date of injury under section 5412 was February 3, 2020, based on cumulative trauma from long-term exposure.

Based on medical records and work status reports, Dr. Campbell found the last injurious exposure was April 27, 2016, and the cumulative injury ripened into disability by February 3, 2020.

From the decision · page 4These exhibits relate to the involvement in these cases of Agreed Medical Evaluator (AME) William Campbell, D.O.[fn] The earliest report is found in exhibit 1 and dated February 3, 2020. According to the AME, applicant hadn’t worked since April 27, 2016. He described two specific incidents in which his lower back was injured: one on January 1, 2015, the other on April 12, 2015. Dr. Campbell commented that “it appears he’s had multiple specific injuries for which he would always just continue to try to work through them. He states he only reported the injuries that seemed major to him.” The doctor was provided with treatment records beginning with diagnostic imaging reports from April and June 2015 (regular progress reports begin in December 2015 and go through October 2018).... Dr. Campbell issued one last report shortly after the second deposition, dated February 18, 2022 (joint exhibit 5)... Dr. Campbell noted that he was asked to specifically consider whether applicant’s job duties were, in fact, less demanding (and therefore not injurious) between November 3, 2015, and April 27, 2016, even though he had been released to full duty.

Labor Code section 5500.5

Labor Code section 5500.5 limits liability for cumulative injury to employers during the year immediately preceding the last date of injurious exposure or date of injury, whichever is first.

Applied to determine the period of liability for compensation owed in connection with the cumulative injury.

From the decision · page 6Based on the reporting of AME Dr. Campbell, the WCJ found that applicant suffered cumulative injury to his back in ADJ10656647, and neither defendant AFH nor defendant ICW disputes this finding. However, defendant AFH contends that the WCJ should have found that the last date of applicant’s injurious exposure under section 5500.5 and the date of injury under section 5412 were in April 2016. As to the last date of injurious exposure, section 5500.5 limits liability for a cumulative injury to employers who employed the injured worker during the year immediately preceding either the last date of injurious exposure or the section 5412 date of injury, whichever occurred first. (§ 5500.5(a).) Here, AME Dr. Campbell specifically considered the question of whether applicant’s exposure ended on November 3, 2015 or April 27, 2016, and opined that April 27, 2016 was the more accurate end date.

Labor Code section 5412

Labor Code section 5412 defines the date of injury for cumulative trauma as the earliest concurrence of disability and knowledge of industrial cause.

Applied to determine the date of injury for the cumulative trauma claim.

From the decision · page 7Cal.Comp.Cases 722]; Alford v. Industrial Accident Com. (1946) 28 Cal.2d 198 [11 Cal.Comp.Cases 127].) Where permanent disability results from cumulative trauma, the injury occurs not at the time of exposure, but at the time the cumulative effect of the injury resulting from the exposure has ripened into disability. (See Federal Insurance Co. v. Workers' Comp. Appeals Bd. 221 Cal.App.4th 1116 [78 Cal.Comp.Cases 1257].) As used in section 5412, "disability" means either compensable temporary disability or permanent disability. (Chavira v. Workers' Comp. Appeals Bd. (1991) 235 Cal.App.3d 463 [56 Cal. Comp. Cases 631]; State Comp. Ins. Fund v. Workers' Comp. Appeals Bd. (Rodarte) (2004) 119 Cal.App.4th 998 [69 Cal. Comp. Cases 579].) Medical treatment alone is not "disability" for purposes of determining the date of a cumulative injury pursuant to Labor Code section 5412, but it may be evidence of compensable permanent disability. (Rodarte, supra, 119 Cal.App.4th at p. 1005.) In this case, the parties framed the issue of the section 5412 date of injury for trial but the F&O includes no finding thereon. (Minutes of Hearing, August 3, 2022, p.

Labor Code section 5500.5(c)

Labor Code section 5500.5(c) allows an employee to elect to proceed against one or more employers in cumulative injury claims, with joint and several liability among employers.

Applied to reject defendant ICW's contention that AFH should be solely liable for benefit administration and contribution.

From the decision · page 8substitute a finding that the section 5500.5 period of liability for compensation owed is to be based on coverage during the 365-day period ending on April 27, 2016. Defendant ICW contends that the WCJ should not have deferred the issues of benefit administration and contribution because applicant’s election to proceed against defendant AFH under section 5500.5(c) precludes it from liability. Section 5500.5(c) provides: In any case involving a claim of occupational disease or cumulative injury occurring as a result of more than one employment within the appropriate time period set forth in subdivision (a), the employee making the claim, or his or her dependents, may elect to proceed against any one or more of the employers. Where such an election is made, the employee must successfully prove his or her claim against any one of the employers named, and any award which the appeals board shall issue awarding compensation benefits shall be a joint and several award as against any two or more employers who may be held liable for compensation benefits.

Credibility of AME Dr. Campbell's medical opinion was uncontroverted and favored applicant's claim of cumulative injury and date of injury.

From the decision · page 6(Jt. Exh. 5, at p. 8; Opinion on Decision, pp. 5-6.) He based his opinion on medical records of applicant’s work status which showed that after November 3, 2015 all of applicant’s work restrictions remained lifted until April 27, 2016. (Id.) Given that AME Dr. Campbell’s reporting—and the evidence on which it relied—is uncontroverted, we discern no good reason to reject it. Hence we conclude that applicant’s last date of injurious exposure was April 27, 2016. (See Power v. Workers' Comp. Appeals Bd.