I: Why did you wait? E: I thought it would just go away and I didn’t think at the time it was work-related. I: What were you doing when you started noticing pain? E: I was doing data entry. I: Who was your employer prior to this? E: I worked at ABC Company doing data entry. I: Did you have any wrist pain when you worked for them? E: No, just when I worked for my current employer. I: Thank you for the interview. Do you declare under penalty of perjury……?. The interview concludes, but the critical question wasn’t asked. In order to determine the one year CT period (Western Growers) you have to determine when was the first date of disability was. Per SCIF v. WCAB (CIGA) June 24, 2004, the court found that the CT period would begin once there was TTD or PD. They wrote, “In summary, we conclude that either compensable temporary disability or permanent disability is required to satisfy section 5412. Medical *1006 treatment alone is not disability, but it may be evidence of compensable permanent disability, as may a need for splints and modified work. These are questions for the trier of fact to determine and may require expert medical opinion. The investigator forgot to ask the most crucial question of all: “When you first noticed pain, did you take any time off of work?” If the employee took time off of work, this would be evidence for arguing that the ending date for a CT period would be sometime in September 2004. The employer could have brought in ABC Company as a co-defendant, thereby eliminating two-thirds of their exposure for permanent disabilty. Of course, there is no apportionment to medical treatment. |