Brown, Robert

Robert Brown, a CHP police officer who flew single-engine aircraft, filed two claims: a specific injury on September 5, 2006 (ADJ8259453) and a cumulative trauma from January 28, 1980 through April 9, 2009 (ADJ8261355). The WCJ found the 2006 specific injury barred by the statute of limitations and found the cumulative trauma claim barred for all body parts except the neck. Applicant petitioned for reconsideration only as to the cumulative trauma case. The Appeals Board held the WCJ erroneously placed the burden of proving the statute of limitations on applicant, when the defense bears that burden under Labor Code section 5409, and that defendant failed to establish the date of cumulative injury under section 5412. The Board affirmed the specific injury decision (waived by applicant under section 5904), rescinded the cumulative trauma decision, found the entire CT claim not time-barred, and remanded for determination of permanent disability and apportionment.