City of Fresno v. Workers' Compensation Appeals Board

This is a writ of review from a Workers’ Compensation Appeals Board (board) order and denial of a petition for reconsideration. The order is that the two workers’ compensation claims filed by Albert Bernell Johnson, Sr. (applicant) are not barred by the statute of limitations.

Labor Code section 5405, subdivision (a), provides that an applicant for workers’ compensation benefits must commence proceedings within one year from the date of injury. Under section 5412, the date of injury in case of cumulative injuries is the date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that the disability was caused by his employment.

The primary question in this case is whether substantial evidence supports the board’s conclusion that applicant’s claims based on his heart problems were not barred by section 5412 even though filed more than one year after he formed the belief, without benefit of a medical diagnosis, that his disability was job related. We hold that substantial evidence supports the board’s determination.

The Facts

Applicant has completed three and one-half years of college.…