Travelers Indemnity Co. v. Workers' Compensation Appeals Bd. CA4/3

STATEMENT OF THE CASE

On May 9, 2017, Zeber filed an application for adjudication of claim with the WCAB (Application), which he later amended to add or remove certain insurers. The Application alleged that while employed as a professional athlete with the New York Yankees, Zeber sustained cumulative trauma injury which began on June 1, 1968, and ended on June 14, 1978. The New York Yankees filed an answer, which generally denied the allegations and raised the statute of limitations as an affirmative defense. Following extensive discovery and a three-day trial, on June 23, 2022, the WCJ issued a findings and award order. The WCJ found Zeber, while employed from June 1, 1968 through September 1, 1978 with the New York Yankees, sustained an injury arising out of and in the course of his employment. The WCJ, however, deferred any finding of permanent disability, apportionment or attorney fees pending development of the medical record. The WCJ also found the one-year limitations period from “[t]he date of injury” set forth in section 5405 did not preclude Zeber’s claim. The WCJ determined that section 5412 provides the “date of injury” for use with section 5405. Under section 5412,…