Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5412
Labor Code Section 5412 - Date of injury for occupational diseases or cumulative injuries
Date of injury is when employee first suffered disability and knew or should have known it was caused by employment
From the decision · page 5A. Labor Code Section 5412 addresses the "Date of injury for occupational diseases or cumulative
injuries." The section reads, "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." (Emphasis added) Hence, both elements must be
met to establish the date of injury.
Chavira v. WCAB (1991) 235 Cal. App. 3d 43
Disability can be temporary or permanent; date of injury is when disability occurs and employee can discover it by reasonable diligence
Date of injury includes impairment of earning capacity even if employee can perform ordinary occupation
From the decision · page 5We start with the element of "disability." Disability can be either temporary or permanent
disability. Chavira v. WCAB (1991) 235 Cal. App. 3d 43; 56 Cal. Comp. Cases 631. As
stated in Chavira, Labor Code Section 5412 "was enacted to codify the holding in Marsh v.
Industrial Acc. Com., (1933) 217 Cal.338 [18 p.2d 933, 86 A.L.R. 563] that in the case of a
progressive occupational disease, the date of injury is the date on which disability occurs and
by reasonable diligence the employee can discover the disability. In Marsh the court also
concluded that a disability is compensable if it results in impairment of earning capacity,
even if the employee is able to perform his ordinary occupation." (Emphasis added)
Marsh v. Industrial Acc. Com. (1933) 217 Cal.338
Date of injury requires both disability and knowledge of disability caused by employment
Date of injury is when disability occurs and employee can discover it by reasonable diligence
From the decision · page 5A. Labor Code Section 5412 addresses the "Date of injury for occupational diseases or cumulative
injuries." The section reads, "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." (Emphasis added) Hence, both elements must be
met to establish the date of injury.