California WCABPanel decision

ADJ10656647 · September 14, 2026

The Appeals Board rescinded the prior Findings of Fact, Awards, and Order and substituted findings that the last date of injurious exposure was April 27, 2016, the date of injury under Labor Code section 5412 was February 3, 2020, and the period of liability was based on coverage during the 365-day period ending April 27, 2016. Awards were made in favor of applicant against Hills of Eternity/Home of Peace Management Group and Insurance Company of the West jointly and severally for permanent disability and future medical care. The claim in ADJ13080462 was denied. The matter was returned to the trial level for further proceedings.

Issues decided: 3
Medical opinions weighed: 1
Authorities named: 3
District office: San Francisco

What the panel ordered

Petitions for reconsideration were filed by defendants American Family Home Insurance Company and Insurance Company of the West, challenging findings and awards by the WCJ; the WCJ recommended denial of the petitions; the Appeals Board issued a Decision After Reconsideration substituting findings and awards and returning the matter for further proceedings.

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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.

Other disputed issueDefendant prevailed

The Appeals Board deferred issues of benefit administration and contribution, rejecting defendant ICW's contention that AFH should be solely liable, based on the statutory election provisions and case law.

From the decision · page 9

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The rules the panel named

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

Labor Code section 5500.5

Labor Code section 5500.5 limits liability for cumulative injury to employers during the year immediately preceding the last date of injurious exposure or date of injury, whichever is first.

Applied to determine the period of liability for compensation owed in connection with the cumulative injury.

From the decision · page 6Based on the reporting of AME Dr. Campbell, the WCJ found that applicant suffered cumulative injury to his back in ADJ10656647, and neither defendant AFH nor defendant ICW disputes this finding. However, defendant AFH contends that the WCJ should have found that the last date of applicant’s injurious exposure under section 5500.5 and the date of injury under section 5412 were in April 2016. As to the last date of injurious exposure, section 5500.5 limits liability for a cumulative injury to employers who employed the injured worker during the year immediately preceding either the last date of injurious exposure or the section 5412 date of injury, whichever occurred first. (§ 5500.5(a).) Here, AME Dr. Campbell specifically considered the question of whether applicant’s exposure ended on November 3, 2015 or April 27, 2016, and opined that April 27, 2016 was the more accurate end date.

Labor Code section 5412

Labor Code section 5412 defines the date of injury for cumulative trauma as the earliest concurrence of disability and knowledge of industrial cause.

Applied to determine the date of injury for the cumulative trauma claim.

From the decision · page 7Cal.Comp.Cases 722]; Alford v. Industrial Accident Com. (1946) 28 Cal.2d 198 [11 Cal.Comp.Cases 127].) Where permanent disability results from cumulative trauma, the injury occurs not at the time of exposure, but at the time the cumulative effect of the injury resulting from the exposure has ripened into disability. (See Federal Insurance Co. v. Workers' Comp. Appeals Bd. 221 Cal.App.4th 1116 [78 Cal.Comp.Cases 1257].) As used in section 5412, "disability" means either compensable temporary disability or permanent disability. (Chavira v. Workers' Comp. Appeals Bd. (1991) 235 Cal.App.3d 463 [56 Cal. Comp. Cases 631]; State Comp. Ins. Fund v. Workers' Comp. Appeals Bd. (Rodarte) (2004) 119 Cal.App.4th 998 [69 Cal. Comp. Cases 579].) Medical treatment alone is not "disability" for purposes of determining the date of a cumulative injury pursuant to Labor Code section 5412, but it may be evidence of compensable permanent disability. (Rodarte, supra, 119 Cal.App.4th at p. 1005.) In this case, the parties framed the issue of the section 5412 date of injury for trial but the F&O includes no finding thereon. (Minutes of Hearing, August 3, 2022, p.

Labor Code section 5500.5(c)

Labor Code section 5500.5(c) allows an employee to elect to proceed against one or more employers in cumulative injury claims, with joint and several liability among employers.

Applied to reject defendant ICW's contention that AFH should be solely liable for benefit administration and contribution.

From the decision · page 8substitute a finding that the section 5500.5 period of liability for compensation owed is to be based on coverage during the 365-day period ending on April 27, 2016. Defendant ICW contends that the WCJ should not have deferred the issues of benefit administration and contribution because applicant’s election to proceed against defendant AFH under section 5500.5(c) precludes it from liability. Section 5500.5(c) provides: In any case involving a claim of occupational disease or cumulative injury occurring as a result of more than one employment within the appropriate time period set forth in subdivision (a), the employee making the claim, or his or her dependents, may elect to proceed against any one or more of the employers. Where such an election is made, the employee must successfully prove his or her claim against any one of the employers named, and any award which the appeals board shall issue awarding compensation benefits shall be a joint and several award as against any two or more employers who may be held liable for compensation benefits.

ADJ10656647 · September 14, 2026

What the panel ordered

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