Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5500.5
Labor Code section 5500.5 limits employer liability for occupational disease or cumulative injury to the employer during the one-year period preceding the date of injury or last injurious exposure.
Applied to determine the correct liability period including County of San Bernardino.
From the decision · page 2With regard to County's Petition, Labor Code section 5500.5(a) states in pertinent part,
"liability for occupational disease or cumulative injury... shall be limited to those employers who
employed the employee during a period of [one year] immediately preceding either the date of
injury, as determined pursuant to Section 5412, or the last date on which the employee was
employed in an occupation exposing him... to the hazards of the occupational disease or
cumulative injury, whichever occurs first." Applicant worked as a firefighter for City from 1987
through June 30, 2016, and for County from July 1, 2016 through December 17, 2019. It was
found that the last date of injurious exposure was December 17, 2019.1
Scott Co. v. Workers' Comp. Appeals Bd. (Stanley) (1983) 139 Cal.App.3d 98
Proof of proximate causation is required to impose liability under Labor Code section 5500.5(a).
Applied to require evidence that exposure during employment was injurious to impose liability.
From the decision · page 3As noted ante, section 5500.5 provides that liability for a cumulative injury is
limited to those employers who employed the employee during one year
preceding the earlier of (1) the date of injury per section 5412... or (2) "the last
date on which the employee was employed in an occupation exposing him or
her to the hazards of the occupational disease or cumulative injury." (§ 5500.5(a).) Although the second phrase appears to refer to any exposure to the
hazards during a period of employment, this court has held that other provisions
in the workers' compensation statutory scheme require proof of proximate
causation before liability may be imposed. (Scott Co. v. Workers' Comp.
Appeals Bd. (Stanley) (1983) 139 Cal.App.3d 98, 104§ 105 [48 Cal.Comp.Cases
65], citing § 3600, subd. (c), 3208, 3208.1.) Thus, an employer is not liable
under section 5500.5(a) absent evidence that exposure during that employment
was a contributing cause of the disease or injury, i.e., that the exposure was
injurious. (Scott Co., at pp. 101, 104.)
Johnson, 20 Cal.App.5th 892
Exposure during employment must be a contributing cause of the disease or injury to impose liability under Labor Code section 5500.5(a).
Applied to affirm liability period including County employment based on injurious exposure.
From the decision · page 3As noted ante, section 5500.5 provides that liability for a cumulative injury is
limited to those employers who employed the employee during one year
preceding the earlier of (1) the date of injury per section 5412... or (2) "the last
date on which the employee was employed in an occupation exposing him or
her to the hazards of the occupational disease or cumulative injury." (§ 5500.5(a).) Although the second phrase appears to refer to any exposure to the
hazards during a period of employment, this court has held that other provisions
in the workers' compensation statutory scheme require proof of proximate
causation before liability may be imposed. (Scott Co. v. Workers' Comp.
Appeals Bd. (Stanley) (1983) 139 Cal.App.3d 98, 104§ 105 [48 Cal.Comp.Cases
65], citing § 3600, subd. (c), 3208, 3208.1.) Thus, an employer is not liable
under section 5500.5(a) absent evidence that exposure during that employment
was a contributing cause of the disease or injury, i.e., that the exposure was
injurious. (Scott Co., at pp. 101, 104.)