Greg Roth — ADJ9388767, ADJ5769266

Applicant Greg Roth, a construction worker employed by Western Rim Constructors from 2003 to January 2017, filed two claims: a specific 2004 left knee injury (admitted by State Compensation Insurance Fund) and a continuous trauma (CT) claim for right knee, left knee, right hip, neck and lumbar. The WCJ found the CT injuries were AOE/COE, comprised a single CT period, and fixed the date of injury under Labor Code section 5412 at April 1, 2014—when applicant first consulted counsel and learned what a CT claim was. Because Cypress Insurance Company was the only and terminal carrier during the one-year period preceding that date, it was found solely liable under Labor Code section 5500.5. Cypress petitioned for reconsideration, arguing primarily that the date of injury should have been 2008 based on constructive knowledge. The WCAB denied reconsideration, adopting the WCJ's Report and Opinion and giving great weight to the credibility finding that applicant, formerly in pro per, did not know he had a CT claim until consulting an attorney.