What the panel ordered
Petition for Reconsideration denied
Petition for Reconsideration filed and denied
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.
Cumulative traumaDefendant prevailedright hand · right wrist
The date of injury was properly found to be 5/6/19, the last date of cumulative trauma, as the applicant had disability starting in March 2019 and knowledge of industrial cause by 5/7/19.
From the decision · page 3Labor Code Section 5412 provides that the date of injury in cumulative trauma cases is the date when first disability coincides with first knowledge that the disability was caused by work. As noted above, the first date of disability was in March 2019, when Applicant underwent surgery and was put on 4850 benefits. The evidence listed above shows that Applicant knew his disability was industrial, when he gave his employer his "Incident/Injury Report" on 5/7/19, listing 5/6/19 as the date of industrial injury; and his careful listing of his general work duties, as well as his testimony at trial, leave no doubt that he understood his industrial injury was caused by cumulative trauma.