Applicant Eddy Putman, a former professional baseball player with the Baltimore Orioles, claimed cumulative trauma injury during employment from January 5, 1975 to October 1, 1981. The WCJ awarded temporary total disability for March 1, 1981 to June 1, 1981 and an 84% permanent disability award based on PQME Dr. Michael Einbund's reporting, finding a Labor Code section 5412 date of injury of February 2022. Defendant sought reconsideration arguing the 5412 date barred retroactive awards, that earnings did not support a $1,400 average weekly wage, and that Dr. Einbund's reports were inadmissible for failing to follow section 4062.2 procedures. The Board denied reconsideration, holding that the section 5412 date of injury is a statutory construct that does not bar retroactive awards, that the applicant's credible testimony supported the wage finding, and that because the injury was claimed to have occurred before January 1, 2005, the pre-SB 899 version of section 4062 governed medical-legal procedure, making Dr. Einbund's reports admissible.
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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