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.
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.
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.