Palmer v. Workers' Compensation Appeals Board

In this proceeding we review a decision of respondent Workers’ Compensation Appeals Board (Board) that applicant’s petition to *1243 reopen was untimely because it was filed more than five years after the date of injury defined as the first date of compensable disability. We conclude that the definition of date of injury contained in Labor Code section 5412 should be used in calculating the five-year period within which a petition to reopen may be filed in cumulative injury and occupational disease cases. 1 We further conclude the parties did not stipulate as to the date of injury when they signed the stipulations with request for award. Because the Board did not determine the date of injury in accordance with the definition contained in section 5412, we will annul and remand.

In an application for adjudication of claim filed December 1, 1982, applicant alleged industrial injury to his lungs due to exposure to noxious fumes during the September 24, 1948, through November 11, 1978, period of his employment by Aluminum Company of America (Alcoa) as a foreman and machine operator. In the application, “9/24/48 - 11/11/78” was typed in a blank space below which were the words…