Aguilar Arias, Faustino

Applicant originally filed a claim for cumulative trauma injury (June 2012 to June 2013) on April 13, 2015, which was found not proven, but the Board identified an unresolved issue of whether applicant sustained a specific injury in March 2012 based on PQME Dr. Bhatia's report. Defendant sought reconsideration of the WCJ's October 17, 2023 findings that the Statute of Limitations was tolled because defendant had knowledge of the specific injury but failed to provide Labor Code section 138.3 notices. The Board granted reconsideration, rejecting defendant's jurisdictional and laches arguments, and amended the CT claim to a specific injury claim under WCAB Rule 10517 to conform to proof. However, the Board found the WCJ must revisit the Statute of Limitations and tolling analysis because applicant had actual knowledge of his specific injury, never reported it to the employer, and had already retained counsel and filed a claim by the time of his May 20, 2015 deposition. The matter was remanded to the trial level with the SOL and tolling issues deferred.