WCAB

State Compensation Insurance Fund (State Fund) seeks review of an order of the Workers’ Compensation Appeals Board (the Board). The order denied the State Fund’s petition for reconsideration and, instead, affirmed an award in favor of Monica Rodarte finding the date of cumulative trauma injury was the first day of compensable temporary disability and placing all liability on State Fund pursuant to Labor Code section 5500.5. State Fund contends the legal date of injury was some 11 months before, when her treating physician prescribed a splint and she returned to modified work duties. The Board’s opinion masks the true issue, which is whether permanent disability can satisfy section 5412. We hold that it can. We shall annul the Board’s order and remand for further proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL SUMMARY

The facts are undisputed. Monica Rodarte sustained work-related carpal tunnel and tendinitis in her right upper extremity while employed as an assembler at a sound equipment manufacturing plant from 1995 through August 8, 1998. Although she worked continuously at one company, Acoustic Authority, she was actually employed by two different…