HERMAN O'BERRY vs. WORLD LEAGUE OF AMERICAN FOOTBALL aka NATIONAL FOOTBALL LEAGUE EUROPE (NFL EUROPE), ST. LOUIS RAMS, FAIRMONT PREMIER INSURANCE COMPANY (TIG)
This case concerns a workers' compensation claim for cumulative injury filed by a former professional football player against his former employers and their insurer. The primary issue was the statute of limitations, specifically the date of injury under Labor Code Section 5412, which is when the employee first suffered disability and knew or should have known it was work-related. The Board granted reconsideration to clarify this date, finding that the applicant's filing of his claim application on December 17, 2015, was the earliest documented evidence of his knowledge of the connection between his employment and his cumulative injury, establishing this as the date of injury. The employer's exemption from providing notice under Section 3600.5(e) did not alter this determination regarding the applicant's actual knowledge.