Christopher Heston — ADJ15615310

Christopher Heston, a former professional baseball pitcher for the San Francisco Giants, claimed a cumulative trauma injury (June 1, 2009 through July 27, 2018) to multiple body parts. The WCJ found injury AOE/COE to the right shoulder, elbow, knee, and great toe, awarded 29% unapportioned permanent disability, set the section 5412 date of injury at February 22, 2024, and found the claim not barred by the statute of limitations. Defendant sought reconsideration, arguing the claim was time-barred under section 5405 and that QME Dr. Mack's apportionment opinion should have been adopted. The Appeals Board granted reconsideration but amended only the section 5412 date of injury to January 3, 2022 (the date the Application was filed), reasoning that knowledge of industrial disability was established at that point. The Board affirmed the remainder of the WCJ's decision, including that the claim was not barred and that Dr. Mack's apportionment opinion was not substantial medical evidence.