Baldomero Cuevas — ADJ11652399

Applicant Baldomero Cuevas, a ceramics cleaner, filed a cumulative trauma claim for injury to his neck, back, thoracic spine, and bilateral shoulders. The central dispute concerned the proper date of injury under Labor Code section 5412, with defendant arguing applicant knew or should have known his disability was work-related before September 21, 2016, while the WCJ found the date of injury to be August 15, 2017, when applicant underwent left shoulder surgery and temporary disability began. The WCJ rejected the earlier date because applicant's missed work days and recommended (but unaccommodated) work restrictions did not constitute compensable disability supported by substantial medical evidence. The WCAB denied reconsideration, adopting the WCJ's report and adding that defendant failed to prove the knowledge component of section 5412 because applicant lacked medical training or specialized knowledge to know his injury was industrial. The Board emphasized that an employee is not chargeable with knowledge of an industrial injury until advised by a physician absent specialized medical knowledge.