Mayen Cordova, Marvin

Applicant Marvin Mayen Cordova filed two cumulative trauma claims against Tikal, Inc.: one for injury ending May 1, 2013 (later voluntarily dismissed) and one for injury ending February 1, 2016. The WCJ found the section 5412 date of injury was January 29/30, 2016 or February 1, 2016, and that the claim filed November 3, 2017 was barred by the section 5405 one-year statute of limitations. The WCAB rescinded, holding that QME Dr. Shaw's July 28, 2017 report affirmatively denied any industrial relationship, which deprived applicant of the knowledge required under section 5412 to trigger the date of injury and start the limitations period. Because applicant filed his claim less than one year after that report (November 3, 2017), the claim was not barred. The Board deferred the issues of the section 5412 date of injury and injury AOE/COE, and found no specific injury occurred on January 30 or February 1, 2016.