Alvarez, Anthony

Applicant Anthony Alvarez claimed a cumulative trauma injury to his neck, back, and bilateral knees over a period of employment with Weiser Iron (covered by CIGA) and subsequent employers, in addition to a 1998 specific injury. The WCJ found a cumulative trauma injury ending September 28, 2014, with a section 5412 date of injury of that date, and held the claim barred by the statute of limitations under section 5405. Both applicant and CIGA sought reconsideration. The Board dismissed applicant's petition as untimely (filed three days after the extended deadline) but granted CIGA's petition, finding the WCJ improperly conflated the period of industrial exposure with the section 5412 date of injury and presumed applicant's knowledge of disability based merely on service of an AME report on his attorney. The Board rescinded the F&O and remanded for development of the record on the date(s) of injury, periods of exposure, and statute of limitations/tolling issues.