What the panel ordered
Findings of Fact and Award rescinded; new findings substituted; issues of Labor Code section 5412 date of injury and Labor Code section 5500.5 period of liability deferred; matter returned to trial level for further proceedings.
Petition for Reconsideration granted; original Findings of Fact and Award rescinded; matter remanded to trial level for further proceedings on deferred issues.
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.
Statute of limitationsDeferredcervical spine · left shoulder · right shoulder
The WCJ did not make the necessary factual determinations to establish the Labor Code section 5412 date of injury, so the issue was deferred for further development.
From the decision · page 6In this case, the WCJ did not determine when applicant (1) had knowledge sufficient to establish that she either knew, or in the exercise of reasonable diligence should have known, that her disability was caused by her employment; and (2) first suffered disability based upon medical evidence indicating when the cumulative effect of her injury ripened into disability. (See Lab. Code, § 5412; see also Federal Insurance Co. v. Workers' Comp. Appeals Bd. 221 Cal.App.4th 1116 [78 Cal.Comp.Cases 1257].