ADJ13384253 — California WCAB decision

What the panel ordered

Findings and Order affirmed except amended to find date of injury is July 6, 2020, and defendant failed to establish post-termination and statute of limitations defenses

Petition for reconsideration filed by defendant seeking review of Findings and Order issued December 20, 2022; WCJ recommended denial of petition; WCAB issues decision after reconsideration affirming WCJ with amendments

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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.

Other disputed issueApplicant prevailed

Applicant did not have knowledge of disability and its industrial cause until July 6, 2020, when examined by Dr. Kohanim; date of injury amended to July 6, 2020.

From the decision · page 6In this case, the WCJ found that applicant's injurious exposure occurred during the period of May 29, 2019 through May 29, 2020, but did not issue a formal finding as to the section 5412 date of injury. (F&O.) Nevertheless, the WCJ concluded that applicant did not become aware that she had both disability and knowledge that her disability was work-related until July 6, 2020, when she was examined by Dr. Kohanim and informed that her complaints were caused by an industrial cumulative trauma injury. (Opinion, p.2; Report, p. 2.) Since the record does not show that applicant knew she had an injury which could give rise to a workers' compensation claim until July 6, 2020, the WCJ correctly determined that date to be the date of injury.

The facts that decided it

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

Applicant was employed as sewing machine operator from May 29, 2019 through May 29, 2020 and sustained cumulative trauma injury to cervical spine, bilateral wrists, lumbar spine, and bilateral feet

Favours Applicant prevailed

Medical reports and testimony accepted as substantial evidence of injury causation during employment period

From the decision · page 2In the Opinion on Decision, the WCJ states: AOE/COE:... The Court accepts Dr. Yuri Falkinstein's medical reports as substantial medical evidence and accepts his medical finding that applicant sustained an industrially related cumulative trauma injury arising out of and occurring in the course of employment during the period May 29, 2019 through May 29, 2020.

Applicant first had disability and knowledge of industrial cause on July 6, 2020 when examined by Dr. Kohanim

Favours Applicant prevailed

Determined date of injury under Labor Code section 5412, affecting timeliness and post-termination defenses

From the decision · page 2Post-Termination defense: Pursuant to Labor Code 5412, 5500.5, and 3208.1 the date of injury of the cumulative injury is the date upon which the employee first suffered disability therefrom and knew that such disability was caused by her employment. In the present matter, applicant first had both disability and knowledge her disability was work related when she was first examined by Dr. Renee Kohanim on July 6, 2020 and told her physical complaints were caused by an industrial cumulative trauma injury. No evidence was submitted to show applicant had lost time from work prior

Applicant was terminated on May 13, 2020, before date of injury

Favours Applicant prevailed

Post-termination defense rejected because injury date was after termination

From the decision · page 7In this regard, we have explained that the date of injury in this case is July 6, 2020. The record also shows that applicant was terminated on May 13, 2020. (Ex. J, Notice of Separation dated May 13, 2020, p. 1.) Since applicant's injury was subsequent to her termination, we concur with the WCJ that the post-termination defense is inapplicable under section 3600(a)(10)(D). (Report, pp. 1-2.)

Applicant filed claim on July 9, 2020, within one year of date of injury knowledge

Favours Applicant prevailed

Claim not barred by statute of limitations

From the decision · page 7We previously explained that applicant did not become aware that she had sustained an injury for which he could file a workers' compensation claim until July 6, 2020, and the pleadings record shows that she filed her claim on July 9, 2020. (Application for Adjudication, July 9, 2020, p. 1.) Since applicant's claim was filed within the one-year statutory period, it was timely.

What the panel did with the medical opinions

The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.

QMERelied upon · orthopedics

Found applicant sustained industrially related cumulative trauma injury to cervical spine, bilateral wrists, lumbar spine, and bilateral feet during May 29, 2019 through May 29, 2020 employment period.

From the decision · page 2In the Opinion on Decision, the WCJ states: AOE/COE:... The Court accepts Dr. Yuri Falkinstein's medical reports as substantial medical evidence and accepts his medical finding that applicant sustained an industrially related cumulative trauma injury arising out of and occurring in the course of employment during the period May 29, 2019 through May 29, 2020.

PTPRelied upon

Examined applicant on July 6, 2020 and informed her that physical complaints were caused by industrial cumulative trauma injury; this date was found to be the date of injury under Labor Code section 5412.

From the decision · page 2Post-Termination defense: Pursuant to Labor Code 5412, 5500.5, and 3208.1 the date of injury of the cumulative injury is the date upon which the employee first suffered disability therefrom and knew that such disability was caused by her employment. In the present matter, applicant first had both disability and knowledge her disability was work related when she was first examined by Dr. Renee Kohanim on July 6, 2020 and told her physical complaints were caused by an industrial cumulative trauma injury. No evidence was submitted to show applicant had lost time from work prior

QMEPartially credited · orthopedics

Provided orthopedic report reviewed by WCJ but specific opinion details not summarized in decision text.

From the decision · page 3After reviewing all Exhibits including the Panel QME reports of Dr. Yuri Falkinstein, the orthopedic report of Dr. Arash Yaghoobian, the primary treating physician reports of Dr. Renee Kohanim, and the selected records from the applicant's personal physicians at Grant Medical Clinic, La Libertad Medical Clinic, and Watts Health Center; the Court accepted Dr. Yuri Falkinstein' s medical reports as substantial medical evidence and accepted his medical finding that the applicant sustained an industrially related cumulative trauma injury to her cervical spine, bilateral wrists, lumbar spine, and bilateral feet that arose out of and occurred in the course of employment during the period May 29, 2019 through May 29, 2020.... No evidence was submitted to show the applicant had lost time from work prior to her termination or that the applicant was provided work restrictions prior to being examined Dr. Renee Kohanim on July 6, 2020. Ultimately, the Court found the affirmative defense under Labor Code 3600(a)(l 0) of a post-termination filing does not apply as the applicant became aware she sustained an industrial cumulative trauma injury after she was terminated....

The rules the panel named

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

Labor Code section 5412

Date of injury for cumulative trauma is when disability and knowledge of industrial cause occur, per Labor Code section 5412

Applied to determine date of injury as July 6, 2020, when applicant was first medically informed of industrial cause

From the decision · page 2Post-Termination defense: Pursuant to Labor Code 5412, 5500.5, and 3208.1 the date of injury of the cumulative injury is the date upon which the employee first suffered disability therefrom and knew that such disability was caused by her employment. In the present matter, applicant first had both disability and knowledge her disability was work related when she was first examined by Dr. Renee Kohanim on July 6, 2020 and told her physical complaints were caused by an industrial cumulative trauma injury. No evidence was submitted to show applicant had lost time from work prior

Labor Code section 3600(a)(10)

Post-termination defense under Labor Code section 3600(a)(10) requires employer to prove claim filed after termination and injury occurred before termination

Applied to reject post-termination defense as injury date was after termination

From the decision · page 7In this regard, we have explained that the date of injury in this case is July 6, 2020. The record also shows that applicant was terminated on May 13, 2020. (Ex. J, Notice of Separation dated May 13, 2020, p. 1.) Since applicant's injury was subsequent to her termination, we concur with the WCJ that the post-termination defense is inapplicable under section 3600(a)(10)(D). (Report, pp. 1-2.)

Labor Code section 5405

Statute of limitations for filing claim is one year from date of injury knowledge, per Labor Code section 5405

Applied to find claim timely as filed within one year of injury knowledge

From the decision · page 7We previously explained that applicant did not become aware that she had sustained an injury for which he could file a workers' compensation claim until July 6, 2020, and the pleadings record shows that she filed her claim on July 9, 2020. (Application for Adjudication, July 9, 2020, p. 1.) Since applicant's claim was filed within the one-year statutory period, it was timely.

ADJ13384253 · February 9, 2026

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

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The rules the panel named

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