Lowe, Richard

Richard Lowe, a bus operator for San Mateo County Transit District (PSI), filed a cumulative trauma hearing loss claim on January 29, 2020, years after retiring in 2015. The WCJ found the claim barred by the one-year statute of limitations, concluding applicant knew or should have known his hearing loss was work-related. On reconsideration, the WCAB majority rescinded the F&O, finding the WCJ failed to make a proper Labor Code section 5412 date-of-injury determination and that there was no substantial evidence applicant knew or should have known his disability was industrially caused until the QME's July 31, 2019 report. The Board held the date of injury under section 5412 was July 31, 2019, making the January 29, 2020 filing timely, and returned the matter to the trial level for further development of the record, including on equitable tolling. Commissioner Razo dissented, arguing substantial evidence supported the WCJ's finding that applicant knew his hearing loss was work-related during employment.