ADJ10388154 · February 19, 2026

The WCJ's finding of a September 28, 2014 date of injury under section 5412 was rejected because applicant lacked knowledge of the injury on that date; medical treatment was last provided on June 29, 2015, tolling the statute of limitations; thus, the claim was not barred and the matter was remanded for further proceedings.

From the decision · page 11Here, the WCJ determined applicant's claim was barred by the statute of limitations, ascribing a section 5412 date of injury of September 28, 2014, based upon an assumption that applicant gleaned the requisite disability and knowledge of his continuous trauma injury based upon the service of the AME Dr. Uppal's medical report of September 4, 2014 to his attorney, however, an applicant's knowledge cannot necessarily be presumed based solely upon written

Applicant lacked knowledge of cumulative trauma injury as of September 28, 2014

Favours Applicant prevailed

This undermined the WCJ's finding of a September 28, 2014 date of injury under section 5412 and barred the statute of limitations from starting then.

From the decision · page 11Here, the WCJ determined applicant's claim was barred by the statute of limitations, ascribing a section 5412 date of injury of September 28, 2014, based upon an assumption that applicant gleaned the requisite disability and knowledge of his continuous trauma injury based upon the service of the AME Dr. Uppal's medical report of September 4, 2014 to his attorney, however, an applicant's knowledge cannot necessarily be presumed based solely upon written

Medical treatment was last provided on June 29, 2015

Favours Applicant prevailed

This date tolled the statute of limitations under section 5405(c), making the claim timely.

From the decision · page 13(c) The last date on which any benefits provided for in Article 2 (commencing with Section 4600) of Chapter 2 of Part 2 were furnished. (§ 5405(c).) Based on a medical report by Arnaldo Aleman, D.C., and payment to the doctor per printout of benefits, CIGA established that they provided applicant medical treatment benefits on June 29, 2015 for at least one claimed overlapping body parts in the specific claim and cumulative trauma claim. The Application for cumulative trauma was filed on April 25, 2016, which is less than one year after the last provision of medical benefits as per the existing record.

Assigned permanent impairment and apportioned disability and medical treatment liability among multiple employers; found both specific injury and cumulative trauma caused need for medical treatment and temporary disability.

The WCJ relied on Dr. Uppal's medical reports and deposition to determine causation, apportionment, and the date of injury under section 5412.

Applicant reported only the 1998 injury date to Dr. Aleman, supporting lack of knowledge of cumulative trauma injury by 2014.

Dr. Aleman's report and treatment records showed last medical treatment on June 29, 2015 and applicant's lack of knowledge of cumulative trauma injury as of 2014.

From the decision · page 12Applicant's lack of knowledge sufficient to determine a section 5412 injury based upon a September 28, 2014 date of injury finds further support in the medical reporting submitted by CIGA. On June 29, 2015, applicant went out of network and chose Arnaldo Aleman, D.C., to continue as his PTP for his injuries. To Dr. Aleman, applicant reported only one date of injury: August 12, 1998. (CIGA's Exhibit B., at p. 1.)

Treating physician as of November 28, 2022, involved in ongoing treatment.

From the decision · page 7(Id. at p. 8.) On November 28, 2022, applicant began treating with Yury Furman, M.D., as PTP and

Labor Code sections 5405(c) and 5412

Statute of limitations under Labor Code section 5405(c) and date of injury under section 5412 for cumulative trauma injuries

The WCJ and WCAB applied these statutes to determine the date of injury and whether the claim was barred by the statute of limitations.

From the decision · page 112. Date of injury under section 5412. The injury claimed in this matter is a cumulative trauma injury. Date of injury for cumulative injury claims is established under section 5412, which states:

Applicant's testimony showed confusion and lack of knowledge about cumulative trauma injury as of 2014

From the decision · page 12medical reporting. While applicant may gain the requisite knowledge and disability from speaking with the doctor at his evaluative appointment and being advised by a doctor that he has an industrial injury, it does not appear from the applicant's testimony at trial that he was questioned as to whether Dr. Uppal advised him at his examination on August 23, 2014 that he suffered an industrial injury from employment after Weiser Iron.

Medical treatment last provided on June 29, 2015, tolling statute of limitations under section 5405(c)

From the decision · page 13(c) The last date on which any benefits provided for in Article 2 (commencing with Section 4600) of Chapter 2 of Part 2 were furnished. (§ 5405(c).) Based on a medical report by Arnaldo Aleman, D.C., and payment to the doctor per printout of benefits, CIGA established that they provided applicant medical treatment benefits on June 29, 2015 for at least one claimed overlapping body parts in the specific claim and cumulative trauma claim. The Application for cumulative trauma was filed on April 25, 2016, which is less than one year after the last provision of medical benefits as per the existing record.