A recent Court of Appeal decision, Travelers Indemnity Co. v. Workers’ Compensation Appeals Board (Zeber) (2025), offers a timely reminder of how crucial it is to nail down the correct “date of injury” for cumulative trauma claims under Labor Code Section 5412. While the opinion also addresses whether insurance coverage disputes must proceed to mandatory arbitration, the heart of the matter for most claims professionals lies in understanding when a cumulative injury is deemed to have occurred—especially where a worker’s “knowledge” of causation is hotly contested.
1. The Section 5412 Framework
Under Labor Code Section 5412, a “date of injury” in occupational disease or cumulative injury claims requires two elements:
- The employee first suffers disability; and
- The employee knew, or in the exercise of reasonable diligence should have known, that the disability was caused by his or her present or prior employment.
It is easy for parties to conflate the date of last injurious exposure with the actual “date of injury.” Zeber clarifies that awareness of a right to file is distinct from awareness (actual or constructive) that one’s disability is actually work-related.
2. Disability vs. Knowledge: Why It Matters
- Disability might be established as soon as the worker needs time off or altered job duties for a gradually worsening condition.
- Knowledge centers on when the worker understood (or should have understood) that the employment was the culprit. Past case law has shown even an offhand note in a medical record attributing symptoms to work can form the basis of “constructive knowledge.”
These two elements can surface years apart—delaying or accelerating the statutory timelines for filing a workers’ compensation claim and influencing who covers the benefits.
3. Practical Takeaways for Adjusters and Employers
- Ask the Right Questions
- In interviews and depositions, ask point-blank: “When did you believe your condition was work-related?” or “Did any doctor ever tell you it was job-related?” This often reveals an earlier or later “knowledge” date than the applicant’s last day worked.
- Scour Medical Records
- Prior references to “industrial causation” can be tucked away in old charts. If the worker visited a physician years ago and was told, “Your job is aggravating your knee,” that might fix an earlier “date of injury” under Labor Code Section 5412.
- Document Employer Notices
- Maintain proof that employees were informed about workers’ compensation processes. Posting notices and distributing handbooks might establish constructive knowledge that the condition should be reported.
- Pinpoint the Disability Date
- Disability can mean temporary total or partial disability, or the need for medical treatment. Clarifying when an employee actually first lost wages or function can align or diverge from the date they learned work caused it.
By clarifying these elements, claim handlers can better assess statute of limitations defenses, post-termination defenses, coverage periods, and appropriate benefit rates.
If you have additional questions about how Travelers Indemnity Co. v. WCAB (Zeber) or Labor Code Section 5412 might affect your claims handling strategy in California, our experienced team at Yrulegui & Roberts is ready to assist. We work closely with employers, insurers, and third-party administrators to navigate the complexities of cumulative trauma cases and ensure that each claim is managed efficiently.
Legal Disclaimer
This blog post is provided as a general informational service and does not constitute legal advice. Reading this post does not create an attorney-client relationship. You should consult qualified legal counsel for advice tailored to your specific situation.
