Thompson, Christopher

Applicant Christopher Thompson, a combo/grocery store manager, claimed a cumulative trauma injury to his bilateral hips during the period ending January 31, 2021. Defendant denied the claim asserting it was barred by the statute of limitations, contending the date of injury under section 5412 was no later than February 25, 2019 (when applicant submitted FMLA paperwork). The WCJ found industrial injury AOE/COE and set the date of injury as January 31, 2021, finding the SOL tolled until a claim form was provided in March 2021. The WCAB granted reconsideration and affirmed the finding of injury and that compensation was not barred, but amended the date of injury under section 5412 to September 1, 2021—the date QME Dr. Gjerdrum first provided medical advice of the existence and industrial causation of the cumulative injury. The Board found applicant lacked the training to independently recognize his condition as an industrially caused cumulative injury without medical advice, and alternatively held the SOL was tolled under section 5405(c) by the employer's provision of group health coverage used to treat the injury.