Chavez

Petitioner Alfred P. Chavez seeks a writ of review to inquire into and determine the lawfulness of the opinion and order granting reconsideration, and the decision after reconsideration dated May 15, 1972, filed in proceedings before the Workmen’s Compensation Appeals Board.

Petitioner was an employee of McDonnell Douglas Corporation from February 5, 1951, through March 3, 1970, when he sustained injury to his back due to cumulative trauma arising out of and occurring in the course of his employment. The first date of disability was March 4, 1970. The first date petitioner was aware of the industrial relationship of the injury was in July 1971, and he filed his claim on July 15, 1971. While we state the above to be the facts (and they certainly appear to be substantiated by the record), the order of the board from which this petition springs fails to make any finding relative to petitioner’s employment or injury. The result is that the board has determined that even assuming the allegations (which we have set forth above as facts) to be true, petitioner’s claim is barred because he filed it more than one year after March 4, 1970. We disagree.

In our analysis, we…