Hilliard, Alvin

Applicant Alvin Hilliard, a detention officer for the County of Los Angeles, claimed industrial injury to his respiratory system in the form of COVID-19, allegedly contracted around October 28, 2021 from a coughing co-worker. He filed a DWC-1 claim form on May 3, 2023 and an Application for Adjudication on May 17, 2023. The WCJ found the claim was not barred by the statute of limitations, but the WCAB granted reconsideration because the WCJ failed to specify the date of injury or determine whether Labor Code section 5411 or 5412 applied, and did not cite supporting case law for the 'latent injury theory.' The Board found the decision did not comply with Labor Code section 5313 and Hamilton v. Lockheed Corp. The Board rescinded the Findings and Order and returned the matter to the trial level for further proceedings, including consideration of whether the statute was tolled due to lack of proper notice of workers' compensation rights.