BERJ ALIKSANIAN vs. EARTHSPECTIVES/HKR ENGINEERING, INC., RLI INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC./TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a petition for reconsideration of a workers' compensation decision. The applicant claimed a cumulative trauma injury to his back. The defendant insurer argued that the date of injury was earlier, based on Labor Code section 5412. The Appeals Board granted reconsideration to amend the findings of fact. The Board clarified that the date of injury is November 16, 2011, pursuant to Labor Code section 5412, as this was the date of the applicant's first compensable disability and his last day of employment, aligning with the medical opinion of the Agreed Medical Examiner.