Victor Lomeli — ADJ14990392

Applicant Victor Lomeli, a fire captain, claimed a cumulative industrial injury in the form of asthma during a period ending March 28, 2016, and the WCJ found 25% permanent disability and rejected defendant's statute of limitations defense. The County of Los Angeles, permissibly self-insured, petitioned for reconsideration arguing the claim was time-barred because applicant connected his asthma to his firefighting work years before filing. The WCAB affirmed the WCJ, holding that the date of injury under Labor Code section 5412 requires both compensable disability and knowledge of industrial causation, and that defendant failed to prove applicant sustained compensable disability more than a year before the August 4, 2021 application. The Board noted that no temporary disability periods were found and the parties stipulated to a September 15, 2021 MMI date, suggesting the application actually preceded the 5412 date of injury. Reconsideration was denied and the award affirmed.