Price, Robert

Robert Price, a 32-year employee of the County of Sacramento, claimed a cumulative trauma injury to his bilateral feet/ankles, lumbar spine, and bilateral hips. AME Dr. McGahan first reported the cumulative injury on October 13, 2020, nearly two years after applicant's December 7, 2018 retirement. Defendant contended the claim was barred by the statute of limitations under sections 5401(a) and 5405(a) because the application was not filed until January 10, 2024. The WCAB granted reconsideration solely to amend the section 5412 date of injury to October 13, 2020 (when both parties first had knowledge of the cumulative injury via Dr. McGahan's report) and to correct applicant's age to 59, but otherwise affirmed the WCJ's finding that the claim was not barred. The Board held the statute of limitations was tolled because defendant had knowledge of the injury yet never provided applicant a claim form or notice of potential eligibility.