So if after I C&R the knee if my doctor tells me, "...you know this NEW issue with your knee is related to your employment..." I have one year to bring that claim. The C&R only settled "known" claims and can not reach to the a new CT which would have a DOI after the last date worked. Evidentiary issues of course abound but the new CT has be defended b/c the C&R did not cover the new 5412 DOI.
Of course, and there's no magic language that will prevent this type of filing, you just have to defend it. But you're talking about a new issue.
LA seems to be contemplating a scenario where the IW stipulates to a date of injury and then immediately re-files for the exact same pre-existing condition in the exact same body part but this time selects some different, random date of employment over a year prior to the stipulated award and then re-testifies that her date of knowledge stipulated to in the first set of stips was, in fact, incorrect. And now, for the
first time, has knowledge that the exact same job duties caused a separate and distinct cumulative injury to the same body part, undiscovered by any physician until now. That no physician included or even contemplated this period of exposure and that, for some reason, LC 4664 should be totally ignored so she can be re-awarded the same disability all over again.
I think you can see how unsustainable this would be.