What the panel ordered
The 2024 Decision by the WCAB is rescinded and the matter is returned to the trial level for further proceedings consistent with the Court of Appeal's opinion.
Remanded by the Fourth District Court of Appeal for further proceedings consistent with its opinion, including an evidentiary hearing on the factual issue of the applicant's date of injury pursuant to Labor Code section 5412.
This docket was decided more than once. Shown here is the latest released decision; we also hold March 1, 2024, September 13, 2022.
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.
The Court of Appeal found that the WCAB erred in its prior decision by not properly determining the date of injury under section 5412, which is a factual prerequisite for mandatory arbitration under section 5275 subdivision (a)(1).
From the decision · page 5argument. Accordingly, it is our decision after remand to annul the 2024 Decision and return this matter to the trial level for further proceedings consistent with the Court's opinion in the applicant, supra, 111 Cal.App.5th 568, including but not limited to an evidentiary hearing on the factual issue of the applicant's "date of injury" pursuant to section 5412, so that the workers' compensation administrative law judge may determine as a matter of law whether mandatory arbitration is triggered in this case pursuant to section 5275, subdivision (a)(1), for any "date of injury" on or after January 1, 1990.