What the panel ordered
Petition for Reconsideration denied
Petition for Reconsideration filed and denied by the WCAB panel
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 date of injury was found to be February 23, 2018, the first date of compensable temporary disability and knowledge of work-related disability, with the cumulative trauma period defined as February 23, 2017 to February 23, 2018 per Labor Code Section 5500.5.
From the decision · page 6In the instant case, the applicant was first put on compensable TD on February 23, 2018 when her personal physician, Dr. Nerenberg took her off work for work related stress. (Applicant's Exhibit 7). Dr. Nerenberg completed an EDD form certifying her for disability benefits and took her off work due to "extremely anxious, depressed affect, panic attacks, insomnia, fatigue, concentration and memory impairments, failure to enjoy life, extremely worried" and he indicated this disabling condition is caused and/or aggravated by work. (Applicant's Exhibit 7, pages 48-50, 59). Based on the medical evidence submitted, this was the first indication we have that she suffered disability and knew that her disability was caused by her work. In other words, the concurrence of disability and knowledge that her symptoms were work related occurred on February 23, 2018. Thus, the date of injury as defined by § 5412 is February 23, 2018.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant was first put on compensable temporary disability on February 23, 2018 by Dr. Nerenberg for work-related stress.
Favours Defendant prevailed
This date established the date of injury under Labor Code Section 5412 as the first date of compensable disability and knowledge of work-related injury.
From the decision · page 6In the instant case, the applicant was first put on compensable TD on February 23, 2018 when her personal physician, Dr. Nerenberg took her off work for work related stress. (Applicant's Exhibit 7). Dr. Nerenberg completed an EDD form certifying her for disability benefits and took her off work due to "extremely anxious, depressed affect, panic attacks, insomnia, fatigue, concentration and memory impairments, failure to enjoy life, extremely worried" and he indicated this disabling condition is caused and/or aggravated by work. (Applicant's Exhibit 7, pages 48-50, 59). Based on the medical evidence submitted, this was the first indication we have that she suffered disability and knew that her disability was caused by her work. In other words, the concurrence of disability and knowledge that her symptoms were work related occurred on February 23, 2018. Thus, the date of injury as defined by § 5412 is February 23, 2018.
Applicant had no psychological treatment or work impairment prior to February 23, 2018.
Favours Defendant prevailed
Supported the finding that the date of injury could not be earlier than February 23, 2018.
From the decision · page 6This is support by the opinion of the Psyche PQME, Dr. Payne, who found the first date of compensable TD to be February 23, 2018, because this was the first time she was taken off work psychologically and after reviewing her entire medical file, Dr. Payne concluded that there was no psychological treatment and no work modification and no work impairment prior to February 23, 2018. (Joint Exhibit DD, page 6).
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Diagnosed Major Depressive Disorder, Single Episode, moderate severity and Anxiety Disorder, NOS, with Panic Features moderate severity. Found first compensable temporary disability date as February 23, 2018, with no psychological treatment or work impairment prior to that date.
Supported the finding of date of injury as February 23, 2018, based on medical records and lack of prior treatment or work impairment.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code Section 5412; Labor Code Section 5500.5
Date of injury for cumulative trauma is the date of first compensable disability and knowledge of work-related disability under Labor Code Section 5412 and liability period is limited to one year prior under Labor Code Section 5500.5.
Applied to determine date of injury and liability period for cumulative trauma claim.
From the decision · page 6In the instant case, the applicant was first put on compensable TD on February 23, 2018 when her personal physician, Dr. Nerenberg took her off work for work related stress. (Applicant's Exhibit 7). Dr. Nerenberg completed an EDD form certifying her for disability benefits and took her off work due to "extremely anxious, depressed affect, panic attacks, insomnia, fatigue, concentration and memory impairments, failure to enjoy life, extremely worried" and he indicated this disabling condition is caused and/or aggravated by work. (Applicant's Exhibit 7, pages 48-50, 59). Based on the medical evidence submitted, this was the first indication we have that she suffered disability and knew that her disability was caused by her work. In other words, the concurrence of disability and knowledge that her symptoms were work related occurred on February 23, 2018. Thus, the date of injury as defined by § 5412 is February 23, 2018.
What proof carried it
The evidence the panel weighed, by kind.
Applicant's testimony and medical reports indicating work problems started in October 2016 but no compensable disability until February 23, 2018
From the decision · page 7Travelers takes the position that the CT period should be from October 31, 2017 to June 6, 2018, based on Applicant's testimony and the medical reports that October 31, 2017, is when her work problems first began. While there is some logic to Traveler's position and it is supported by the medical opinions from internal PQME Dr. Nasoud Azizad (Joint Exhibit FF, page 3) and orthopedic PQME Dr. Richard Rogachefsky (Joint Exhibit II, page 6). However, this is not the law on defining date of injury.
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.