What the panel ordered
Petition for Reconsideration denied
Petition for Reconsideration filed and denied
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 properly found to be 5/6/19, the last date of cumulative trauma, as the applicant had disability starting in March 2019 and knowledge of industrial cause by 5/7/19.
From the decision · page 3Labor Code Section 5412 provides that the date of injury in cumulative trauma cases is the date when first disability coincides with first knowledge that the disability was caused by work. As noted above, the first date of disability was in March 2019, when Applicant underwent surgery and was put on 4850 benefits. The evidence listed above shows that Applicant knew his disability was industrial, when he gave his employer his "Incident/Injury Report" on 5/7/19, listing 5/6/19 as the date of industrial injury; and his careful listing of his general work duties, as well as his testimony at trial, leave no doubt that he understood his industrial injury was caused by cumulative trauma.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant's first disability was in March 2019 with surgery and lost time from work.
Favours Defendant prevailed
Establishes the start of disability for date of injury calculation under LC 5412.
From the decision · page 3Labor Code Section 5412 provides that the date of injury in cumulative trauma cases is the date when first disability coincides with first knowledge that the disability was caused by work. As noted above, the first date of disability was in March 2019, when Applicant underwent surgery and was put on 4850 benefits. The evidence listed above shows that Applicant knew his disability was industrial, when he gave his employer his "Incident/Injury Report" on 5/7/19, listing 5/6/19 as the date of industrial injury; and his careful listing of his general work duties, as well as his testimony at trial, leave no doubt that he understood his industrial injury was caused by cumulative trauma.
Applicant reported injury to employer on 5/7/19 listing 5/6/19 as date of injury and describing cumulative trauma.
Favours Defendant prevailed
Shows applicant's knowledge of industrial cause coinciding with disability.
From the decision · page 3On 5/7/19, Applicant reported injury to his employer caused by cumulative trauma from his work activities, listing "5/6/19" as the date of injury (Exhibit D-1 and his testimony at trial (MOH/SOE 4/28/22). There is no evidence that a specific injury to Applicant's right wrist occurred, and Applicant's references in D-1 and in his testimony to his general work duties support the conclusion that he was claiming cumulative trauma ending on that date. His disability began with surgery and lost time from work in March 2019, for which he received 4850 payments from his employer.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code Section 5412
Date of injury in cumulative trauma cases is when first disability coincides with first knowledge that the disability was caused by work.
Applied to find date of injury as 5/6/19 based on disability and knowledge dates.
From the decision · page 3Labor Code Section 5412 provides that the date of injury in cumulative trauma cases is the date when first disability coincides with first knowledge that the disability was caused by work. As noted above, the first date of disability was in March 2019, when Applicant underwent surgery and was put on 4850 benefits. The evidence listed above shows that Applicant knew his disability was industrial, when he gave his employer his "Incident/Injury Report" on 5/7/19, listing 5/6/19 as the date of industrial injury; and his careful listing of his general work duties, as well as his testimony at trial, leave no doubt that he understood his industrial injury was caused by cumulative trauma.
What proof carried it
The evidence the panel weighed, by kind.
Applicant's testimony and injury report listing 5/6/19 as date of injury and describing cumulative trauma
From the decision · page 3On 5/7/19, Applicant reported injury to his employer caused by cumulative trauma from his work activities, listing "5/6/19" as the date of injury (Exhibit D-1 and his testimony at trial (MOH/SOE 4/28/22). There is no evidence that a specific injury to Applicant's right wrist occurred, and Applicant's references in D-1 and in his testimony to his general work duties support the conclusion that he was claiming cumulative trauma ending on that date. His disability began with surgery and lost time from work in March 2019, for which he received 4850 payments from his employer.
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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.
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