Statute of Limitations

Leo Estrella vs. Meilwaukee Brewers,  (January 26, 2016 – WCAB Panel Decision).

In this case, the WCAB found the Statue of Limitations to apply to a professional athlete’s claim of cumulative trauma injury. A cumulative trauma injury was alleged from June 1993 to 2004. The Trial Judge and WCAB determined that applicant’s claim was time-barred by the operation of the one-year Statute of Limitations contained in Labor Code §5405. The WCAB adopted the Trial Judge’s findings and determinations that applicant knew in his own mind that the cumulative effect of his baseball career caused injuries in 2007 or 2008 because he had adjudicated another specific injury claim out-of-state around that time period. The WCAB also determined this based on his trial testimony about knowledge of the nature of his cumulative injuries. The Court further found that the teams did not have knowledge of the injury nor medical records to establish they had a duty to provide benefits or notify applicant of his rights to file a claim under Labor Code §5402(a). Based on this, they determined that the Statue of Limitations was not tolled. They found the claim was belatedly filed and was barred by the one year Statute under Labor Code §5405.