What the panel ordered
The September 24, 2024 Findings and Award issued by the WCA is rescinded and the matter is returned to the trial level for further proceedings and decisions by the WCA.
Defendant JD2 Incorporated petitioned for reconsideration of the Findings and Award issued by the workers' compensation arbitrator on September 24, 2024. The WCAB granted reconsideration on January 7, 2025, and after further proceedings, issued this decision on January 26, 2026.
This docket was decided more than once. Shown here is the latest released decision; we also hold January 7, 2025.
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.
The WCAB found the WCA erred in determining the date of injury and the evidence did not support the finding of injury arising out of and in the course of employment. The matter was remanded for further proceedings.
From the decision · page 1Defendant JD2 Incorporated, insured by Federal Insurance Company c/o Gallagher Bassett (defendant), petitioned for reconsideration of the Findings and Award (F&A), issued and served by the workers' compensation arbitrator (WCA) on September 24, 2024. In that decision, the WCA found that applicant, while employed as an ironworker from June [16]1, 2020 to June 16, 2021, sustained industrial injury to his cervical spine, thoracic spine, lumbar spine, bilateral shoulders, elbow and wrists, with the issue of injury to his respiratory system deferred. The WCA further found applicant's knowledge and first date of disability of his cumulative trauma pursuant to Labor Code2 section 5412 was June 17, 2021. Finally, the WCA found and awarded applicant temporary total disability (TTD) for the period June 17, 2021 through June 15, 2023, at a rate to be adjusted by the parties.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCA found the date of injury to be June 17, 2021, but the defendant contended it should be July 23, 2012 to July 23, 2013.
Favours neutral
This dispute over the correct date of injury under Labor Code section 5412 was central to the reconsideration and remand.
From the decision · page 1Defendant JD2 Incorporated, insured by Federal Insurance Company c/o Gallagher Bassett (defendant), petitioned for reconsideration of the Findings and Award (F&A), issued and served by the workers' compensation arbitrator (WCA) on September 24, 2024. In that decision, the WCA found that applicant, while employed as an ironworker from June [16]1, 2020 to June 16, 2021, sustained industrial injury to his cervical spine, thoracic spine, lumbar spine, bilateral shoulders, elbow and wrists, with the issue of injury to his respiratory system deferred. The WCA further found applicant's knowledge and first date of disability of his cumulative trauma pursuant to Labor Code2 section 5412 was June 17, 2021. Finally, the WCA found and awarded applicant temporary total disability (TTD) for the period June 17, 2021 through June 15, 2023, at a rate to be adjusted by the parties.
The WCA found injury to multiple body parts but deferred the respiratory system injury claim.
Favours neutral
The deferral of the respiratory claim was challenged as prejudicial and relevant to the overall injury determination.
From the decision · page 1Defendant JD2 Incorporated, insured by Federal Insurance Company c/o Gallagher Bassett (defendant), petitioned for reconsideration of the Findings and Award (F&A), issued and served by the workers' compensation arbitrator (WCA) on September 24, 2024. In that decision, the WCA found that applicant, while employed as an ironworker from June [16]1, 2020 to June 16, 2021, sustained industrial injury to his cervical spine, thoracic spine, lumbar spine, bilateral shoulders, elbow and wrists, with the issue of injury to his respiratory system deferred. The WCA further found applicant's knowledge and first date of disability of his cumulative trauma pursuant to Labor Code2 section 5412 was June 17, 2021. Finally, the WCA found and awarded applicant temporary total disability (TTD) for the period June 17, 2021 through June 15, 2023, at a rate to be adjusted by the parties.
The WCAB noted the lack of proper stipulations, issues, and exhibit identification in the prior proceedings, leading to the remand for further proceedings.
Favours neutral
The procedural deficiencies in the record were a basis for rescinding the prior Findings and Award and remanding the case.
From the decision · page 2Previously, we had sent this matter back to the WCA as stated in our Opinion and Order Granting Reconsideration and Decision after Reconsideration (Opinion) dated August 12, 2024, in which we returned the case back to the WCA for further proceedings. We noted at that time the existing record was lacking proper stipulations, issues, as well as correct identification of the exhibits offered and admitted at trial. However, instead of holding further proceedings with the parties in order to identify the stipulations, issues, and identify and rule on admissibility of the parties' exhibits, the case was resubmitted for decision by the arbitrator after receipt by the WCA of written legal responses to the points raised in our Opinion and Order without creating a record. Thereafter, the WCJ issued the F&A of September 24, 2024, for which defendant now seeks reconsideration.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5412
The date of injury in cases of occupational diseases or cumulative injuries is the 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.
The WCAB found the WCA erred in the determination of the date of injury per section 5412 and remanded the matter for further proceedings.
From the decision · page 1Petitioner contends that the WCA erred in her determination of the date of injury per section 5412 and that the evidence supports a finding that the date of injury should be July 23, 2012 to July 23, 2013.3 Petitioner further contends the submitted medical reporting is not substantial
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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