As the Legislature printed it
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002] · PART 4. COMPENSATION PROCEEDINGS [5300 - 6002] · CHAPTER 2. Limitations of Proceedings [5400 - 5413]
How panels applied this section
Newest released decisions whose legal-standard extraction named this section. Each quotes the passage and links to the official PDF. Unofficial guide — not legal advice.
- ADJ3719477 · 2026-06-15 · Bakersfield District Office§ 5411
Determinative passage · p.8not only have filed a petition to reopen within five years from the date of injury but must also have suffered a "new and further disability" within that five-year period, unless there is otherwise "good cause" to reopen the prior award. An injured worker therefore cannot confer jurisdiction on the Board by filing a petition to reopen an award before the five-year period has expired for anticipated new and further disability to occur thereafter. (Sarabi v. Workers' Comp. Appeals Bd. (2007) 151 Cal.App.4th 920, 926, [72 Cal.Comp.Cases 778]; Nicky Blair's Rest. v. Workers' Comp. Appeals Bd. (Macias) (1980) 109 Cal.App.3d 941 [45 Cal.Comp.Cases 876].)
The WCJ and WCAB applied this standard to find good cause to reopen the April 18, 2007 Award based on new and further disability evidence.
Official decision · page 8 → - ADJ13081167 · 2026-01-16 · Fresno District Office§ 5411
Determinative passage · p.5"Date of injury" is defined in the Labor Code as follows, pursuant to sections 3208.1, 5411, and 5412:
Applied to determine injury date, liability, and burial expenses issues in the case.
Official decision · page 5 → - ADJ15223054 · 2023-09-11 · Santa Rosa District Office§ 5411
Determinative passage · p.4We observe that contract principles apply to settlements of workers' compensation disputes. The legal principles governing compromise and release agreements are the same as those governing other contracts. (Burbank Studios v. Workers' Co. Appeals Bd. (1982) 134 Cal.App.3d 929, 935.) There can be no contract unless there is a meeting of the minds and the parties mutually agree. (Civ. Code, § 1550, 1565; Sackett v. Starr (1949) 95 Cal.App.2d 128; Sieck v. Hall (1934) 139 Cal.App.279, 291.) Moreover, there is no contract unless the parties agree upon the same thing in the same sense. (Civ. Code, § 1580; American Can Co. v. Agricultural Ins. Co. (1909) 12 Cal.App. 133, 137.) For a compromise and release agreement to be effective, the necessary elements of a contract must exist, including an offer of settlement of a disputed claim by one of the parties and an acceptance by the other. (Burbank Studios, supra, at p. 935.) A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful. (Civ. Code, § 1636; County of San Joaquin v. Workers' Compensation Appeals Bd. (Sepulveda) (2004) 117 Cal.App.4th 1180, 1184
The Board interpreted the C&R's plain language and found it did not include the cumulative trauma claim, so the applicant may proceed with that claim.
Official decision · page 4 →
All 3 decisions naming § 5411 →
Also on this
Unofficial guide — not legal advice. The statute is the state’s text. The quotes are litigated applications, not a prediction.
About California Labor Code § 5411
What is California Labor Code § 5411?
Labor Code § 5411 sits in CHAPTER 2. Limitations of Proceedings [5400 - 5413]. The statute on this page begins: The date of injury, except in cases of occupational disease or cumulative injury, is that date during the employment on which occurred the. The official display is on LegInfo; this is a reprint.
Did WCAB panels apply Labor Code § 5411 in this corpus?
This corpus has 3 released decisions whose extracted legal standards named § 5411. Quotes and PDFs are on this page. That is not every case in California that ever cited the section.