Evans, Demetric

The San Francisco 49ers and the Subsequent Injuries Benefits Trust Fund (SIBTF) sought reconsideration of a WCJ's July 3, 2024 Findings of Fact holding that applicant Demetric Evans, a former professional football player, timely filed his April 16, 2020 petition for subsequent injuries benefits. SIBTF argued the petition was untimely under Talcott because applicant knew or should have known of a substantial likelihood of entitlement either within five years of his cumulative injury (period April 27, 2001 through January 5, 2011) or within a reasonable time after his October 6, 2016 C&R. The Board denied reconsideration, finding no WCAB findings on permanent disability (the claims were resolved by C&R and compromise settlement, not findings), no proof applicant was served with Dr. Weiss's reports or the Order Approving/Minutes of Hearing, and no evidence applicant knew of a labor-disabling brain disability before the cumulative injury. The Board credited applicant's testimony that he first learned of potential SIBTF benefits at the 2020 Super Bowl, accorded great weight to the WCJ's credibility determination, and applied the rule that limitations provisions must be liberally construed in favor of employees.