What the panel ordered
Petition for Reconsideration denied
Petition for Reconsideration filed and denied by the WCAB panel
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.
The date of injury was found to be February 23, 2018, the first date of compensable temporary disability and knowledge of work-related disability, with the cumulative trauma period defined as February 23, 2017 to February 23, 2018 per Labor Code Section 5500.5.
From the decision · page 6In the instant case, the applicant was first put on compensable TD on February 23, 2018 when her personal physician, Dr. Nerenberg took her off work for work related stress. (Applicant's Exhibit 7). Dr. Nerenberg completed an EDD form certifying her for disability benefits and took her off work due to "extremely anxious, depressed affect, panic attacks, insomnia, fatigue, concentration and memory impairments, failure to enjoy life, extremely worried" and he indicated this disabling condition is caused and/or aggravated by work. (Applicant's Exhibit 7, pages 48-50, 59). Based on the medical evidence submitted, this was the first indication we have that she suffered disability and knew that her disability was caused by her work. In other words, the concurrence of disability and knowledge that her symptoms were work related occurred on February 23, 2018. Thus, the date of injury as defined by § 5412 is February 23, 2018.