McCormick, Tim

Former NBA player Tim McCormick obtained an award for a cumulative trauma injury (1984-5/17/1992) against the New York Knicks at 69% PD, then filed a Subsequent Injuries Benefits Trust Fund (SIBTF) claim on September 15, 2020. SIBTF argued the claim was time-barred because it was not filed within five years of the subsequent injury, and that the Talcott reasonable-time exception did not apply or was not satisfied. The WCJ found the claim was not time-barred under Subsequent Injuries Fund v. WCAB (Talcott) (1970) 2 Cal.3d 56, reasoning that applicant could not reasonably have known of SIBTF's probable liability because there was no evidence his pre-existing right knee condition was 'labor disabling' under the law applicable when the underlying claim was litigated. The WCAB adopted and incorporated the WCJ's Report and denied reconsideration.