Iglesias, Ron

Applicant Ron Iglesias claimed a cumulative injury from May 14, 2001 through April 28, 2013 to his bladder, psyche, and diabetes while working as a plumber for the County of Santa Clara, in addition to two specific injury claims. Defendant sought reconsideration of a January 16, 2025 F&O finding that the date of injury could not be established under Labor Code section 5412 and therefore the section 5405(a) statute of limitations defense was premature. The WCAB treated the petition as one for removal because defendant only challenged interlocutory findings, and found defendant failed to show significant prejudice or irreparable harm. The Board also concluded that statute of limitations is an affirmative defense on which defendant bears the burden, and that the record contained no evidence that applicant knew or should have known his disability was industrially caused. The Petition was denied, and the parties were directed to undertake further discovery to develop the record on the section 5412 date of injury.