Messner

This is a second petition for review in this same case. This court’s review of the first petition (Messner v. Industrial Acc. Com., 4 Civil No. 7119, filed July 6, 1962) was concerned entirely with the issue of whether or not a noise-induced hearing loss was an “occupational disease” (Lab. Code, § 5412), or whether it was caused by a continuing trauma (Lab. Code, § 5411), and which statute of limitations applied.

Section 5412 of the Labor Code provides: 1 ‘ The date of injury in eases of occupational diseases is that date upon which the employee first suffered disability therefrom and either knew, or in the exercise of reasonable diligence should have known, that said disability was caused by his present or prior employment. ’ ’

Labor Code, section 5411, provides: “The date of injury, except in cases of occupational disease, is that date during the employment on which occurred the alleged incident or exposure, for the consequences of which compensation is claimed. ’ ’

The commission found and this court felt, under the facts stated, that the injury could well be an occupational disease and that the statute of limitations (Lab. Code, § 5412) had run, in part, and accordingly it…