Tag Disability

Tag Disability

New And Further Disability

Tags: , , , , Injuries, Labor Code, Medical Treatment No comments

New and further disability is not defined in the statutes and judicial interpretation has not flushed out all its potential permutations. Thus, its meaning is not entirely clear. However, it has been judicially defined “to mean disability . . . resulting from some demonstrable change in an employee’ condition, including a gradual increase in disability. .” Nicky Blair’s Restaurant v. WCAB (1980) 45 CCC 876. See CHP v WCAB (2010) 75 CCC 1241.

Statute Of Limitations Cumulative Trauma Injury

Tags: , , , , Benefits, California Workers Compensation System, Injuries, Labor Code, Medical Treatment No comments

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.

Date of Injury – Cumulative Trauma Injury

Tags: , , , , Benefits, California Workers Compensation System, Injuries, Labor Code No comments

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.