Michael Garcia — ADJ13719149, ADJ10738865

Michael Garcia, a lineman for permissibly self-insured Southern California Edison, pursued two consolidated claims: a Labor Code 132a discrimination claim (ADJ10738865) and a continuous trauma bilateral knee injury claim (ADJ13719149). On the 132a claim, the WCJ found applicant failed to prove discrimination, but the Board rescinded that finding because the WCJ's Report concluded applicant established a prima facie case while the summary of evidence was too sparse for the Board to discern the evidentiary basis. On the CT knee claim, the WCJ found the section 5412 date of injury was February 18, 2021 (the date of PQME Dr. Graham's report first linking the knees to work), making the October 2020 application timely. The Board affirmed the CT finding, holding applicant lacked actual or constructive knowledge of the industrial nature of his bilateral knee condition coupled with disability until Dr. Graham's report. The Board rescinded the 132a F&A and returned it for further development of the record, and affirmed the F&O on the statute of limitations.