Brady, James

Defendant Hampton Tedder Electric Company and Starr Indemnity sought reconsideration of a Joint Findings and Award finding that applicant James Brady sustained a cumulative injury (through June 30, 2017) to his low back, bilateral shoulders, and bilateral knees while working as a lineman/cable splicer for 20 years. Defendant challenged the PQME reporting of Dr. Adam Stoller as not substantial evidence, asserted the claim was barred by the statute of limitations, and contested California jurisdiction. The WCAB denied reconsideration, finding Dr. Stoller's May 24, 2024 report constituted substantial medical evidence, the statute of limitations defense failed because the employer had actual knowledge of injury (per a July 10, 2017 termination letter) and the applicant lacked medical knowledge of injury until Dr. Stoller's report, and California jurisdiction was proper because the employer was California-based, the contract of hire was made in California, and applicant worked in California during the CT period. The Board determined the section 5412 date of injury was May 24, 2024, making the August 21, 2023 application timely.