Gary Taylor, a receiving inspector for SpaceX, claimed a cumulative trauma injury to his neck and lumbar spine spanning 10/01/2012 to 01/11/2019. The WCJ found the injury arose out of and in the course of employment and that the statute of limitations, post-termination, and failure-to-report defenses did not bar the claim. SpaceX (self-insured, administered by Corvel) petitioned for reconsideration, arguing the date of injury under Labor Code § 5412 occurred as early as 07/07/2016 when applicant had treatment and knowledge, making the February 2019 filing untimely. The WCAB adopted the WCJ's Report and denied reconsideration, holding the date of injury did not arise until 2020 when applicant consulted counsel and the panel QME, Dr. La, opined on industrial causation, because applicant lacked both the requisite knowledge of industrial causation and a compensable disability before then.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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