Mary Hess Elks — ADJ11091494

Applicant Mary Hess Elks, a registered nurse for Sharp Healthcare from August 17, 2009 to June 1, 2017, claimed a cumulative trauma injury to her bilateral wrists, hands, fingers, and carpal tunnel syndrome. Defendant sought reconsideration of a WCJ's Findings and Award, contending the claim was time-barred under Labor Code sections 5400 and 5405, arguing the section 5412 date of injury was as early as 2000 or no later than June 9, 2014, when treating physicians told applicant her complaints were work-related. The WCAB affirmed the WCJ, holding that although applicant had knowledge of industrial causation as early as 2009, she suffered no compensable disability (temporary or permanent) until her first carpal tunnel release surgery on October 10, 2017. Because the application was filed November 8/9, 2017, within one year of the section 5412 date of injury, the claim was timely. The Board also held defendant failed to prove prejudice under section 5403 for any late notice. The Petition for Reconsideration was denied and the F&A affirmed.