Chavira v. Workers' Compensation Appeals Board

Opinion

ORTEGA, J.

—Respondent Workers’ Compensation Appeals Board (Board) determined the application for workers’ compensation benefits in this asbestos case is barred by the statute of limitations. We conclude substantial evidence does not support the Board’s finding that more than one year before the application was filed applicant knew or in the exercise of reasonable diligence should have known he had disability that was caused by his employment. We therefore annul the Board’s decision after reconsideration and remand for further proceedings.

Facts

Ernest Chavira, applicant, was employed by…