What the panel ordered
Petition for Reconsideration denied; Findings and Award dated September 30, 2021 affirmed.
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 limitationsApplicant prevailedbilateral wrists · fingers · hands · carpal tunnel syndrome
The WCJ and WCAB found that although applicant had knowledge of the injury as early as 2009, compensable disability did not occur until October 10, 2017, the date of first surgery with temporary disability, making the claim timely filed within one year thereafter.
From the decision · page 5at pp.11-12.) The WCJ determined that while applicant had the requisite knowledge of the work-relatedness of her injuries as early as 2009, the evidence did not establish disability arising from the injury prior to applicant's first carpal tunnel release surgery in 2017. Accordingly, the WCJ set the date of injury at October 10, 2017, the date applicant first had both disability in the form of compensable temporary disability following surgery, and knowledge of its industrial causation. (Id. at p.13.) Because the application for adjudication was filed on November 9, 2017, the commencement of proceedings for collection of benefits was within one year of the date of injury, and the claim was not barred by the limitations period of section 5405. (Ibid.)