ADJ13553712 · August 10, 2026

The Board found that the applicant sustained injury arising out of employment but deferred the issue of the date of injury because the applicant did not have knowledge that her disability was work-related as of the initially claimed date.

From the decision · page 91. the applicant, while employed during the period January 10, 2019, through January 10, 2020, as a certified nursing assistant, Occupational Group Number 340, at Tulare, California, by Tulare Nursing Rehab Center, AKA, Caber Enterprises, Inc., sustained injury arising out of and during the course of employment to the bilateral wrists, bilateral hands, bilateral shoulders, and upper extremities.

Applicant sustained injury arising out of and during the course of employment to bilateral wrists, hands, shoulders, and upper extremities.

Favours Applicant prevailed

This fact established compensability of the injury but did not resolve the date of injury issue, leading to deferral.

From the decision · page 91. the applicant, while employed during the period January 10, 2019, through January 10, 2020, as a certified nursing assistant, Occupational Group Number 340, at Tulare, California, by Tulare Nursing Rehab Center, AKA, Caber Enterprises, Inc., sustained injury arising out of and during the course of employment to the bilateral wrists, bilateral hands, bilateral shoulders, and upper extremities.

Applicant did not have knowledge, nor should have had knowledge with reasonable diligence, that her disability was work-related as of March 6, 2020.

Favours Defendant prevailed

Lack of knowledge of work-related causation as of the claimed date led to deferral of the date of injury issue under Labor Code section 5412.

From the decision · page 8persuaded that a passing reference to applicant’s work as a “CNA lifting” in the March 6, 2020 encounter notes is sufficient to constitute such medical advice. (Ex. PP, Records of Jaisimaran Sidhu, M.D., various dates, at p. 3.) Although the WCJ’s Report opines that applicant may have obtained knowledge that her disability was work-related at some point after March 6, 2020, we conclude the record does not support applicant’s knowledge as of March 6, 2020. Accordingly, we will grant ICW’s Petition and defer the issue of the date of injury. We recommend that the parties attempt amicable resolution of the contribution petition. However, should the parties be unable to reach an agreement, they will likely need to initiate arbitration proceedings as required by section 5275(a)(2). In addition, we offer the following nonbinding guidance to the parties.

Diagnosed bilateral carpal tunnel syndrome and bilateral De Quervain’s disease, attributed causation to industrial exposures based on history and clinical evaluation.

From the decision · page 3On May 18, 2020, Nurse Practitioner Brown reevaluated applicant, and noted that applicant “is doing light duty at work, which will continue until surgery to be done in next 3 months … [applicant] attributes her symptoms to her work as a CNA.” (Ex. FF, Report of Ron Goldstein, M.D., dated August 26, 2022, at p. 18.) On August 10, 2020, applicant completed a DWC-1 claim form alleging injury in the form of pain and weakness in both wrists, arms, and shoulders. (Ex. CC, DWC-1 Claim Form, dated August 10, 2020.) Thereafter, the parties to the case in chief selected Ron Goldstein, M.D., as the orthopedic QME. On May 7, 2021, QME Dr. Goldstein evaluated applicant and entered diagnoses of bilateral carpal tunnel syndrome and bilateral De Quervain’s disease. (Ex. DD, Report of Ron Goldstein, M.D., dated May 7, 2021, at p. 17.) The QME attributed causation to applicant’s industrial exposures based on applicant’s reported history and the QME’s clinical evaluation. (Ibid.) On October 8, 2021, Dr. Goldstein reevaluated applicant who continued to work “modified duties, part time, for the original employer.” (Ex. EE, Report of Ron Goldstein, M.D., dated October 8, 2021, at p. 16.) Applicant’s employer was noted to be “short staffed,” with the applicant “forced to help move heavy patients through all types of movements.” (Id. at p. 17.) Following a clinical evaluation, Dr.

Labor Code section 5412

The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his present or prior employment.

The Board applied this standard to determine that the issue of the date of injury was not established as of March 6, 2020, due to lack of knowledge of work-related causation.

From the decision · page 7The date of injury in cases of occupational diseases or cumulative injuries is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that such disability was caused by his present or prior employment.

Applicant had received three months of medical treatment, was working modified duties, and was prescribed wrist splints and medications as of March 6, 2020, indicating compensable temporary or permanent disability.

From the decision · page 7(Rodarte) (2004) 119 Cal.App.4th 998, 1005 [59 Cal.Comp.Cases 579].) Here, we concur with the WCJ’s evaluation of the disability component of section 5412 inasmuch as applicant had received three months of medical treatment responsive to her bilateral upper extremity and spinal complaints, had been working modified duties, and was prescribed wrist splints and medications of the March 6, 2020 evaluation. (Opinion on Decision, at p. 6.) Pursuant to the court’s analysis in Rodarte, supra, applicant’s medical treatment including her need for splints and modified work were sufficient for the WCJ to reasonably determine the existence of compensable temporary or permanent disability. (Rodarte, supra, 119 Cal.App.4th at p. 1005.) However, we are not persuaded that the evidentiary record supports applicant’s knowledge that such disability was work-related as of March 6, 2020. The record reflects no medical advice to applicant as of that date that her disability was caused by her work exposures, and we are not

No medical advice as of March 6, 2020, indicated the disability was caused by work exposures; a passing reference to work as CNA lifting was insufficient to establish knowledge of work-related disability.

From the decision · page 8persuaded that a passing reference to applicant’s work as a “CNA lifting” in the March 6, 2020 encounter notes is sufficient to constitute such medical advice. (Ex. PP, Records of Jaisimaran Sidhu, M.D., various dates, at p. 3.) Although the WCJ’s Report opines that applicant may have obtained knowledge that her disability was work-related at some point after March 6, 2020, we conclude the record does not support applicant’s knowledge as of March 6, 2020. Accordingly, we will grant ICW’s Petition and defer the issue of the date of injury. We recommend that the parties attempt amicable resolution of the contribution petition. However, should the parties be unable to reach an agreement, they will likely need to initiate arbitration proceedings as required by section 5275(a)(2). In addition, we offer the following nonbinding guidance to the parties.