Martinez, Juan Jose

Applicant Juan Jose Martinez, a rough carpenter/form builder for the self-insured Los Angeles Department of Water and Power, was found by the WCJ to have sustained a cumulative trauma injury through January 4, 2019 to his right wrist, back, right knee, and right ankle, with 44% permanent disability after apportionment. Defendant sought reconsideration arguing the section 5412 date of injury was January 11, 2019, the body part finding should be limited to the low back, the occupational group number 481 was unsupported, the PD start date of January 3, 2021 was unsupported, and that Defense Exhibit I (an ISO report) was admissible. The Appeals Board granted reconsideration to amend the F&A to find injury to the 'low back' rather than 'back' and to remove the January 3, 2021 PD start date, but otherwise affirmed. The Board agreed with the WCJ that defendant failed to prove applicant had the requisite knowledge of industrial causation to commence the statute of limitations, finding no medical advice connected his disability to employment until 2024 and that applicant credibly testified he only learned of cumulative trauma claims from an advertisement in late 2023/early 2024. The Board affirmed the occupational group number 481 and the exclusion of Exhibit I for lack of foundation.