ADJ16305170 — California WCAB decision

What the panel ordered

Petition for reconsideration granted to amend the section 5412 date of injury to June 21, 2022; Findings and Order otherwise affirmed.

Defendant petitioned for reconsideration of the WCJ's Findings and Order dated March 27, 2025, which found cumulative injury AOE/COE to neck and back, set a section 5412 date of injury, and found the claim not barred by the statute of limitations. The WCAB granted reconsideration to amend the date of injury and otherwise affirmed.

Read the official decision →

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.

AOE/COEApplicant prevailedneck · back

Applicant's credible testimony and substantial medical evidence from Dr. Sirakoff established cumulative trauma injury AOE/COE to neck and back; PQME Dr. Bernicker's opinion was not substantial evidence due to reliance on incorrect legal theory and inadequate medical history.

From the decision · page 11In conjunction with applicant's credible testimony, the WCJ relied on the substantial opinions of Dr. Sirakoff to make findings. "According to the primary treating physician and the applicant's credible testimony, the applicant sustained a cumulative trauma injury while performing the above job duties. There is substantial evidence to support a finding of injury arising out of and in the course of employment to the neck and back due to a cumulative trauma injury while working at Telecare Corporation as an LVN." (Report, page 5.)

The rules the panel named

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

Lab. Code, § 3600; South Coast Framing v. WCAB (Clark); McAllister v. WCAB; Rosas v. WCAB

To be compensable, an injury must arise out of and occur in the course of employment; employment must be a contributing cause. Medical evidence that industrial causation was reasonably probable constitutes substantial evidence.

Applied to find applicant's injury AOE/COE based on credible testimony and substantial medical evidence.

From the decision · page 93. Substantial Evidence The Petition asserts that there is no substantial evidence as to date of injury or injury, and further that PQME Dr. Bernicker's opinions are substantial evidence while those of Dr. Sirakoff are not substantial. (Petition page 5, line 18, to page 13, line 22.) To be compensable, an injury must arise out of and occur in the course of employment. (Lab. Code, § 3600.) All that is required is that employment be one of the contributing causes without which the injury would not have occurred. The employee bears the burden of proving injury AOE/COE by a preponderance of the evidence. (South Coast Framing v. Workers' Comp. Appeals Bd. (Clark) (2015) 61 Cal.4th 291, 297-298, 302 [80 Cal.Comp.Cases 489]; Lab. Code, § 3600(a); 3202.5.) Medical evidence that industrial causation was reasonably probable, although not certain, constitutes substantial evidence for a finding of injury AOE/COE. (McAllister v. Workmen's Comp. Appeals Bd. (1968) 69 Cal.2d 408, 416-417 [33 Cal.Comp.Cases 660].) "That burden manifestly does not require the applicant to prove causation by scientific certainty." (Rosas v. Worker's Comp. Appeals Bd. (1993) 16 Cal.App.4th 1692, 1701 [58 Cal.Comp.Cases 313].) We note the WCJ found the applicant credible:

Lab. Code, § 5412

Section 5412: 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 present or prior employment.

Applied to set date of injury as June 21, 2022, when applicant first had knowledge and disability per Dr. Sirakoff's report.

From the decision · page 72. Date of Injury The Petition asserts as error the finding of the section 5412 date of injury as June 2, 2022. Error is asserted in part because the applicant had knowledge of injury before June 2, 2022, and in part because defendant contends there is no substantial evidence as to the date of disability. (Petition pages 2 to 7.) We note that a cumulative injury is defined as one "occurring as repetitive mentally or physically traumatic activities extending over a period of time, the combined effect of which causes any disability or need for medical treatment." The date of a cumulative injury shall be the date determined under section 5412. (Lab. Code, § 3208.1.) Section 5412 states: "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

ADJ16305170 · June 30, 2025

What the panel ordered

What was disputed, and how it came out

Your case already resembles someone else’s. Find whose.

The facts that decided it

What the panel did with the medical opinions

The rules the panel named

What proof carried it

About this page