California Labor Code § 5412

How panels applied this section

Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.

• ADJ3719477 · 2026-06-15 · Bakersfield District Office§ 5412

  Determinative passage · p.10IV. We next address defendant's contention that in ADJ10346752, the WCJ did not decide whether the Petition to Reopen filed on January 9, 2020 was timely. (Petition, at p. 6.) The WCJ found that "[t]he undated Petition to Reopen was filed on January 9, 2020." (Findings of Fact No. 1.) Defendant argues that the parties stipulated and the WCAB approved the Stipulations with Request for Award for a date of injury of March 28, 1986 to January 16, 2012. (Petition, at p. 6.) As the Petition was filed more than five years from the end date of the cumulative trauma injury, January 16, 2012, defendant argues it is untimely. (Id.) Workers' compensation pleadings may be amended by the Appeals Board to conform to proof, based on evidence submitted at trial. (Cal. Code Regs., tit. 8, § 10517; Rubio v. Workers' Comp. Appeals Bd. (1985) 165 Cal.App.3d 196, 199-200 [50 Cal.Comp.Cases 160].) The parties' stipulations are not binding on the Appeals Board or the WCJ and the Appeals Board or the WCJ may reject or amend a stipulation and base the decision on the evidence presented at the hearing. (Lab. Code, § 5702; Cal. Code Regs., tit. 8, § 10517; Rubio, supra; Draper v. Workers' Comp. Appeals Bd. (1983) 147 Cal.App.3d 502 [48 Cal.Comp.Cases 748]; Turner Gas Co. v.

  The WCAB found the date of injury for the cumulative trauma in ADJ10346752 to be October 17, 2016, based on medical evidence, making the Petition to Reopen timely.

  Official decision · page 10 →
• ADJ8124831 · 2026-06-08 · San Diego District Office§ 5412

  Determinative passage · p.6Turning to the section 5500.5 period of liability, the parties have stipulated that the last date of injurious exposure was August 13, 2010. (Report, at p. 21; Transcript of Proceedings, dated September 16, 2019, at p. 4:23; Minutes of Hearing, dated June 4, 2025, at p. 2:4.) Because the last date of injurious exposure occurred prior to the section 5412 date of injury of March 15, 2012, the WCJ has concluded that the period of liability under section 5500.5 is the one-year period prior to August 13, 2010. (Report, at pp. 4-5.)

  The WCJ and Board applied this standard to determine the liability period as August 13, 2009 to August 13, 2010 based on the parties' stipulation and the date of injury.

  Official decision · page 6 →
• ADJ10857121 · 2026-06-05 · Santa Ana District Office§ 5412

  Determinative passage · p.3Under section 5412, the "date of injury" is the date of the concurrence of the disability and the worker's knowledge "that such disability was caused by his present or prior employment." The WCJ's "review[]" of the "date of injury pursuant to [section 5412]," however, focused on the applicant's awareness that he could file a workers' compensation claim. Knowledge that one can file a workers' compensation claim is different from knowledge that a disability was caused by a present or prior employment. Thus, we cannot rely on the WCJ's implied finding of a "date of injury" to support the WCAB's order.

  The Court found that the WCAB's prior implied finding of the date of injury was erroneous because it focused on the worker's knowledge of the ability to file a claim rather than knowledge of causation of disability.

  Official decision · page 3 →
• ADJ13021836 · 2026-06-03 · Van Nuys District Office§ 5412

  Determinative passage · p.1We previously granted the Petition for Reconsideration by defendant Security National Insurance Company (Security National) of the June 2, 2025 Joint Findings of Fact and Orders issued by the workers' compensation administrative law judge (WCJ). Therein, in Case No. ADJ13022571, the WCJ found that applicant sustained injury arising out of and in the course of employment (AOE/COE) to her excretory system and reproductive system, while employed on July 26, 2015, by Palmdale Lodging Associates, insured by Security National Insurance Company. The WCJ also found that Great American Insurance Company (Great American), Zurich American Insurance Company (Zurich), and Employers Assurance (Employers Assurance) do not have coverage in this case and dismissed them. In Case No. ADJ20509785, the WCJ found that applicant sustained injury AOE/COE to her excretory system and reproductive system, while employed during the period July 26, 2015 to January 5, 2016, by Palmdale Lodging Associates, insured by Security National from April 25, 2015 to August 21, 2015 and by Employers Assurance from August 6, 2018 to August 6, 2019. The WCJ also found that the Labor Code1 section 5412 date of injury is May 1, 2024 and that Great American and Zurich do not have coverage in the last year of the continuous trauma period. In Case No. ADJ20509813, the WCJ found that applicant sustained

  Date of injury determination

  Official decision · page 1 →
• ADJ13355568 · 2026-05-08 · Oakland District Office§ 5412

  Determinative passage · p.4Pursuant to section 3208.1: An injury may be either: (a) `specific' occurring as the result of one incident or exposure which causes disability or need for medical treatment; or (b) `cumulative' occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment. The date of a cumulative trauma injury shall be the date determined under []5412. (Lab. Code, § 3208.1.) In addition, pursuant to section 5412: The date of injury in cases of occupational disease 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. (Lab. Code, § 5412.) "Disability," as used in section 5412, is evidence that there is either "compensable

  The WCJ must determine the date of injury under section 5412 to assess timeliness of claim.

  Official decision · page 4 →
• ADJ13858864 · 2026-03-23 · Santa Ana District Office§ 5412

  Determinative passage · p.2We have considered the allegations of the Petition for Reconsideration and the contents of the Report. Based on our review of the record, and for the reasons discussed below, we will grant reconsideration and affirm the F&O, except that we will amend it to find that the section 5412 date of injury was May 4, 2021 (Finding of Fact No. 2); that compensation is not barred by section 5405 (Finding of Fact No. 3); and that applicant is not estopped from claiming injury under the equitable doctrine of laches (Finding of Fact No. 5).

  The WCAB amended the date of injury to May 4, 2021, based on medical advice and knowledge of injury.

  Official decision · page 2 →
• ADJ18371631 · 2026-03-13 · Santa Rosa District Office§ 5412

  Determinative passage · p.9Next, we will consider applicant's legal date of cumulative injury. 2. Date of injury under section 5412. Section 5412 states: "The date of injury in cases of...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." Therefore, in cumulative injury cases, there is no "date of injury" until there is a concurrence of both disability and knowledge. (Bassett-McGregor v. Workers' Comp. Appeals Bd. (1988) 205 Cal. App. 3d 1102, 1110 [53 Cal.Comp.Cases 502].)

  The WCJ applied this to determine the legal date of injury as May 24, 2024, when applicant had knowledge and disability.

  Official decision · page 9 →
• ADJ12378634 · 2026-03-05 · Los Angeles District Office§ 5412

  Determinative passage · p.5Further, the WCJ concluded that applicant did not fall under any of the exceptions listed under section 3600(a)(10). As relevant here, section 3600(a)(10) states, that:

  Defendant failed to prove termination date and post-termination exceptions; date of injury must be determined before applying section 3600(a)(10).

  Official decision · page 5 →