Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5412
Date of injury under LC 5412 requires disability plus knowledge (actual or constructive) that disability was caused by work
Pain alone without incapacity or medical confirmation of disability does not trigger statute; physician expertise required to establish disability and causation
From the decision · page 4Since this is a cumulative trauma claim, the Application is timely, if it was filed within a year of the date of injury under Lab.
Livitsanos v. Superior Court (1992) 57 CCC 355; Marsh v. IAC (1933) 217 Cal. 338
Mere pain without incapacity to earn is not compensable injury; disability or need for treatment required
Intermittent self-use of wrist supports without physician prescription does not constitute ratable disability
From the decision · page 4For events at work to constitute a compensable injury, they must cause either disability or need for treatment. [ Livitsanos v. Superior Court (1992) 57 CCC 355] Mere pain that does not cause an incapacity to earn is not an “injury” under the Labor Code. Marsh v. IAC (1933) 217 Cal. 338.
City of Fresno v. WCAB (Johnson) (1985) 50 CCC 53
Employee knowledge of work causation generally requires physician opinion unless employee has special qualifications
Correctional officer lacked medical expertise to self-diagnose cumulative trauma disability
From the decision · page 4Likewise, the necessary knowledge that the hand/wrist disability was caused by work generally requires a physician’s opinion that the disability was caused by the work, unless the evidence demonstrates that the employee had sufficient qualifications or experience in these matters, such that he knew, or should have known, that he had disability