Category Archives: Labor Code 5412

Cumulative Trauma Conundrums: How Lira Sheds Light on Single vs. Multiple CT Injuries

Overview In the recent Workers’ Compensation Appeals Board (WCAB) panel decision, Lira v. Cottage Health System, the Board clarified how to analyze cumulative trauma (“CT”) claims when an applicant alleges separate injury periods at different employers but maintains similar job duties with no real break in treatment or recovery. Below is a concise guide for […]

Post-Termination Defense in California Workers’ Compensation: Overcoming the Cumulative Trauma Exception Under Labor Code Section 3600(a)(10)

California Labor Code §3600(a)(10) provides employers and insurers a valuable defense when workers’ compensation claims are filed after an employee has received notice of termination or layoff. However, this post-termination defense is not absolute. Cumulative trauma (CT) claims, particularly those hinging on the “date of injury” under Labor Code §5412, can pose unique challenges. Below […]

A BRIEF GUIDE TO THE STATUTE OF LIMITATIONS FOR WORKERS’ COMPENSATION CLAIMS IN CALIFORNIA

In California, employees are entitled to receive no-fault workers’ compensation insurance coverage from their employer. If an employee is hurt on the job, he/she has the right to file for workers’ compensation benefits regardless of how and why the accident occurred. However, they do not have an unlimited amount of time to bring the case. […]