Tyler Moua — ADJ10930184, ADJ10910916

Applicant Tyler Moua, a Port of Stockton police officer, claimed a specific low back injury on October 3, 2007 and a cumulative trauma injury through January 19, 2017. The WCAB had previously found the specific injury claim barred by the statute of limitations. On reconsideration, the Board held that defendant's failure to provide a claim form and notice of workers' compensation rights—despite having constructive knowledge of a potentially industrial duty-belt back injury as early as December 2007—tolled the statute of limitations under Reynolds and Martin until applicant gained actual knowledge his injury might be compensable (no earlier than January 30, 2017). The Board also found that QME Dr. Weil exceeded his authority by adopting the 'defense point of view' that the 2007 injury was non-industrial merely because it was unreported for ten years, and that the record did not constitute substantial evidence supporting a separate specific injury. The Board rescinded its May 14, 2019 decision and the WCJ's July 6, 2018 F&A in their entirety and remanded for further development of the record on the number and nature of injuries.