Labor Code Section 5412 provides that the date of injury on a cumulative injury 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 his present or prior employment
In Regards to Death Benefits Time to File Claims
Labor Code Section 5406 provides that claims for death benefits may not be commenced more than 240 weeks from the date of injury.
In Regards To The Statute Of Limitations Cumulative Trauma Injury
Date of injury in cases of cumulative trauma injuries is date on which employee first suffered disability and knew, or should have known, that such disability was caused by employment. Statute of limitations is one year thereafter.
Regarding A Petition To Reopen For New And Further Disability
Labor Code Section 5410 provides that a party can petition to reopen within 5 years of the date of injury upon the ground that the original injury has caused new and further disability . . . The new and further disability must be based on the body parts that were part of the original award or that were compensable consequences of injuries to the original body parts contained in the original award.
A petition to reopen for new and further disability requires that there be a causal connection between the alleged “new and further disability” and the original industrial injury. Put another way, the new and further disability must be a result or an effect of the prior compensable injury. This causal connection may be in the way of further injury to the same body part or injury to a new body part as a compensable consequence of the original injury.
In Regards To A Date of Injury – Cumulative Trauma Injury
The date of injury in cases of occupational diseases or cumulative injuries is that 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 his present or prior employment. See Labor Code Section 5412.