What the panel ordered
The Appeals Board affirmed the Findings and Award of May 27, 2021, denying the defendant's petition for reconsideration and confirming the applicant's entitlement to disability benefits.
Defendant filed a timely petition for reconsideration of the WCJ's decision, which was granted. The Appeals Board issued a Decision After Reconsideration affirming the WCJ's Findings and Award of May 27, 2021.
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 Appeals Board found that the date of injury under Labor Code section 5412 was June 8, 2019, based on the QME report of Dr. Rodas, and that the applicant filed her claim in 2016, which was within the one-year statute of limitations under Labor Code section 5405(a). Defendant's argument that the claim was barred was rejected because the applicant did not know and should not have known the injury was work-related until 2019.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The date of injury under Labor Code section 5412 was June 8, 2019, based on the QME report of Dr. Rodas.