What the panel ordered
The WCAB amends the Findings to find the date of injury as July 16, 2020, finds the claim is not time-barred, and otherwise affirms the decision.
Applicant seeks reconsideration of the Findings and Order issued on April 15, 2022, by the WCJ, which found the date of injury as January 8, 2015, and barred the claim as time-barred under section 5405.
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 WCAB found that the date of injury is July 16, 2020, based on QME Dr. Einbund's report and applicant's testimony of no prior knowledge, making the claim not time-barred under section 5405.
From the decision · page 7Here, we conclude that substantial medical evidence supports a finding that the "date of injury" is July 16, 2020, based on the QME report of Dr. Einbund dated July 16, 2020, where he opined that applicant's job duties as a baseball player caused him to suffer a cumulative injury. Moreover, applicant's testimony that he did not have prior knowledge of the industrial nexus of his orthopedic injuries supports this conclusion. Given that the "date of injury" follows applicant's Application he filed on September 19, 2019, it is not time-barred pursuant to section 5405.