Plotnick

On December 26, 1967, petitioner filed an application with the Workmen’s Compensation Appeals Board (hereinafter the Board) alleging that he suffered an industrial injury to his right leg because of continuing trauma thereto during his employment between November 30, 1957, and October 26, 1966. 1 The Board found that petitioner incurred an injury *624 in October 1966, but that his claim was barred by subdivision (a) of section 5405 of the Labor Code 2 because he did not apply for benefits within one year from the date of injury. It found also that the claim was not timely filed under subdivision (c) of section 5405, which permits the filing of a claim for benefits within one year from the time the employer furnished medical treatment to the employee. 3 The sole question we are called upon to consider is whether there was substantial evidence to support the latter conclusion.

In order to comprehend the problem before us it is necessary to discuss an injury suffered by petitioner prior to that asserted in this proceeding. On January 14, 1956, he was injured when some heavy bundles of wood fell upon him in the course of his employment. He incurred a spiral fracture of the…

I dissent. I would affirm the order of the Workmen’s Compensation Appeals Board.