Applicant Gerald Dockery, a former professional football player, sustained a cumulative trauma industrial injury ending March 9, 2001 while playing for the Houston Thunderbears, with numerous prior injuries. He settled his underlying claim by Compromise and Release for $75,000 on October 8, 2013, and filed his first SIBTF claim on September 2, 2020. The WCJ found the SIBTF claim was not time-barred, applying the second prong of the Talcott test, and SIBTF petitioned for reconsideration arguing the claim was untimely. The WCAB denied reconsideration, holding there is no statute of limitations for SIBTF claims and that the Talcott test governs timeliness. The Board agreed that an Order Approving Compromise and Release is not a WCAB finding on permanent disability, so the reasonable-time period to file had not yet been triggered, and applicant filed within a reasonable time after learning of SIBTF's probable liability in 2020.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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