ADJ17708321 — California WCAB decision

What the panel ordered

The WCAB granted the petition for reconsideration, rescinded the WCJ's Findings and Order of March 21, 2024, and returned the matter to the trial level for further proceedings and decision.

Defendant petitioned for reconsideration of the WCJ's Findings and Order of March 21, 2024, which found the claim was not barred by the statute of limitations. The WCAB granted reconsideration, rescinded the WCJ's decision, and returned the matter for further proceedings.

Read the official decision →

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 limitationsRemandedrespiratory system

The WCJ failed to specify the date of injury and did not analyze which Labor Code section applied, nor did the WCJ provide a clear basis for the statute of limitations decision as required by Labor Code section 5313 and Hamilton. The WCAB found the WCJ's decision unclear and remanded for further proceedings to clarify these issues.

From the decision · page 2In the Opinion on Decision, the WCJ notes that the proper statute of limitations is one year from the date of injury. (Opinion on Decision at pp. 1-2.) However, the WCJ did not specify what the date of injury was in this case. The WCJ writes in the Opinion on Decision that, "The date of injury for the purposes of the statute of limitations is defined by Labor Code § 5411 and 5412" (Opinion on Decision at p. 2), but the WCJ does not determine or explain which of these code sections is applicable to this case. The WCJ states that "if the employee suffers a specific injury but the effects of the injury are not felt until sometime after the injury, there is conflicting case law as to whether the limitations period commences on the date of injury, or at the point when the employee manifests symptoms and understands the relationship between the disability and the employment." The WCJ found that this "latent injury theory" was applicable to this case, but did not cite to any of the competing case law, including any case law supporting the theory. While the WCJ apparently held that the date of injury was the date where "there is a consequence from the injury allowing a claim for compensation along with knowledge of the connection to employment" (Opinion on Decision at p. 3), there is no analysis of when this took place in the current case.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The WCJ did not specify the date of injury or analyze which Labor Code section (5411 or 5412) applied to the case.

Favours Defendant prevailed

This lack of clarity prevented a proper statute of limitations determination.

From the decision · page 2In the Opinion on Decision, the WCJ notes that the proper statute of limitations is one year from the date of injury. (Opinion on Decision at pp. 1-2.) However, the WCJ did not specify what the date of injury was in this case. The WCJ writes in the Opinion on Decision that, "The date of injury for the purposes of the statute of limitations is defined by Labor Code § 5411 and 5412" (Opinion on Decision at p. 2), but the WCJ does not determine or explain which of these code sections is applicable to this case. The WCJ states that "if the employee suffers a specific injury but the effects of the injury are not felt until sometime after the injury, there is conflicting case law as to whether the limitations period commences on the date of injury, or at the point when the employee manifests symptoms and understands the relationship between the disability and the employment." The WCJ found that this "latent injury theory" was applicable to this case, but did not cite to any of the competing case law, including any case law supporting the theory. While the WCJ apparently held that the date of injury was the date where "there is a consequence from the injury allowing a claim for compensation along with knowledge of the connection to employment" (Opinion on Decision at p. 3), there is no analysis of when this took place in the current case.

The WCJ did not provide a clear explanation of the basis for the statute of limitations decision as required by Labor Code section 5313 and Hamilton.

Favours Defendant prevailed

Without a clear basis, the decision could not be properly reviewed or understood.

From the decision · page 2Labor Code section 5313 mandates that a WCJ specify "the reasons or grounds upon which the determination was made." As explained in our en banc decision in Hamilton v. Lockheed Corp. (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc), "The WCJ is... required to prepare an opinion on decision, setting forth clearly and concisely the reasons for the decision made on each issue, and the evidence relied on. (Lab. Code § 5313.) The opinion enables the parties, and the [Appeals] Board if reconsideration is sought, to ascertain the basis for the decision, and makes the right of seeking reconsideration more meaningful. (See Evans v. Workers' Comp. Appeals Bd. (1968) 68 Cal. 2d 753, 755 [33 Cal. Comp. Cases 350].) For the opinion on decision to be meaningful, the WCJ must refer with specificity to an adequate and completely developed record."

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 5313

Mandates that a WCJ specify the reasons or grounds for the decision made.

From the decision · page 2Labor Code section 5313 mandates that a WCJ specify "the reasons or grounds upon which the determination was made." As explained in our en banc decision in Hamilton v. Lockheed Corp. (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc), "The WCJ is... required to prepare an opinion on decision, setting forth clearly and concisely the reasons for the decision made on each issue, and the evidence relied on. (Lab. Code § 5313.) The opinion enables the parties, and the [Appeals] Board if reconsideration is sought, to ascertain the basis for the decision, and makes the right of seeking reconsideration more meaningful. (See Evans v. Workers' Comp. Appeals Bd. (1968) 68 Cal. 2d 753, 755 [33 Cal. Comp. Cases 350].) For the opinion on decision to be meaningful, the WCJ must refer with specificity to an adequate and completely developed record."

Hamilton v. Lockheed Corp. (2001) 66 Cal.Comp.Cases 473

Requires the WCJ to prepare an opinion on decision setting forth reasons and evidence relied on for each issue.

From the decision · page 2Labor Code section 5313 mandates that a WCJ specify "the reasons or grounds upon which the determination was made." As explained in our en banc decision in Hamilton v. Lockheed Corp. (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc), "The WCJ is... required to prepare an opinion on decision, setting forth clearly and concisely the reasons for the decision made on each issue, and the evidence relied on. (Lab. Code § 5313.) The opinion enables the parties, and the [Appeals] Board if reconsideration is sought, to ascertain the basis for the decision, and makes the right of seeking reconsideration more meaningful. (See Evans v. Workers' Comp. Appeals Bd. (1968) 68 Cal. 2d 753, 755 [33 Cal. Comp. Cases 350].) For the opinion on decision to be meaningful, the WCJ must refer with specificity to an adequate and completely developed record."

ADJ17708321 · June 14, 2024

What the panel ordered

What was disputed, and how it came out

Your case already resembles someone else’s. Find whose.

The facts that decided it

The rules the panel named

About this page