Rafael Saavedra — ADJ10834249

Applicant Rafael Saavedra worked as a laborer/packer for Country Fresh Herbs from 1995 to December 2020 and sustained an admitted cumulative trauma to multiple body parts. The sole trial issue was the Labor Code § 5412 date of injury and the corresponding § 5500.5 liability period, which would determine which of three successive carriers bore liability. The WCJ found the § 5412 date of injury to be September 12, 2017 (the date PQME Dr. Silverman first examined applicant and documented ratable impairment), placing the § 5500.5 liability period from September 12, 2016 through September 12, 2017. Defendant Republic Underwriters sought reconsideration arguing the date should be May 21, 2018 or alternatively November 13, 2017, contending permanent disability could not exist before P&S status. The Board adopted the WCJ's report, holding that permanent disability (impairment) existed on the examination date and applicant had concurrent knowledge of work-causation, and denied reconsideration.