Roberts, Robert

Applicant Robert Roberts sustained a 2007 injury (back, psyche, sexual dysfunction) and a 2009 cumulative trauma injury (neck, right shoulder, internal, sleep) while employed by The Perkins and Will Group. Both injuries were settled by Stipulations with Request for Award on November 14, 2012, at 41% and 53% permanent disability respectively. Applicant filed a SIBTF claim on August 2, 2019, contending he lacked subjective knowledge of his entitlement until 2018. The WCJ found the claim time-barred under the second prong of Talcott based on imputed knowledge from counsel. The WCAB affirmed the untimeliness finding but relied on the first prong of Talcott, holding that applicant knew or should have known of his substantial likelihood of entitlement within five years of the 2009 injury, making the five-year limitation period applicable and the 2019 filing ten years later untimely.