Samuel Ramirez — ADJ9682348

Applicant Samuel Ramirez filed an application in October 2014 claiming a specific injury on August 21, 2014 while employed by Staffing Network. In August 2016, he sought to amend the application to allege a cumulative trauma injury through the same date, which would join additional employers and insurers. The WCJ found the amendment barred by the statute of limitations under Labor Code section 5405, but CIGA sought reconsideration arguing the amendment relates back to the original timely application and that benefits had continued. The Appeals Board, applying Bassett-McGregor, held that an amendment substituting a cumulative trauma claim for a specific injury claim does not constitute a new cause of action and relates back to the original application. The Board affirmed the F&O except amended Finding No. 7 to find the amended application was not barred by the statute of limitations and ordered the application amended to conform to proof of a cumulative trauma injury.