Jacobs, Greg

Greg Jacobs, a former professional baseball player, filed a cumulative trauma claim on July 7, 2015 against multiple teams (Giants, Dodgers, Mariners, Angels, Diamondbacks) and their insurer, claiming injury to numerous body parts during an 11-year career. The WCJ found the claim was not barred by the one-year statute of limitations, and defendants sought reconsideration arguing applicant knew or should have known his disability was caused by his baseball employment by 2009 (when injuries ended his career) or by 2011-2012 (when he settled a prior Kansas claim with the T-Bones). The WCAB affirmed, holding that the section 5412 date of injury was July 7, 2015, when applicant met with his attorney and first learned of the claimed cumulative injury, because all prior injuries had been characterized as specific incidents and applicant lacked medical training. The Board also affirmed alternative findings that the Dodgers (a California-based team) had knowledge of injury, breached their duty to provide a Claim Form and Notice of Potential Eligibility, and were therefore estopped/the statute tolled. Reconsideration was denied and the Finding of Fact affirmed.