Glenn Foley — ADJ8786469

Former professional football quarterback Glenn Foley claimed a cumulative trauma injury spanning his NFL career, including a 9/24/2002 tryout with the San Diego Chargers. The WCJ found the Labor Code section 5412 date of injury was 2/27/2013 (when applicant retained counsel and filed his claim after learning of his rights from a colleague), found a single cumulative trauma injury ending with the Chargers tryout per QME Dr. Einbund, and assigned liability to the Chargers under section 5500.5 as the last year of injurious exposure. The Chargers (Travelers) petitioned for reconsideration challenging applicant credibility, the statute of limitations analysis, whether the tryout rose to an injurious level, and the effect of a liability waiver. The WCAB denied reconsideration, adopting the WCJ's report except declining to rely on Reynolds (since knowledge came from an attorney, not a tolling obligation) and rejecting the broad statement that knowledge of industrial causation requires medical advice. The Board found Dr. Einbund's opinion constituted substantial evidence and gave great weight to the WCJ's credibility determinations.