Velasquez v. Fibreboard Paper Products Corp

In Velasquez v. Fibreboard Paper Products Corp. (1979) 97 Cal. App. 3d 881, where the claimant was diagnosed with asbestosis more than a year before filing his complaint but had manifested only a slightly elevated glucose level and some minor abnormality in his EKG, the court saw no reason why "the discovery rule should not be applied in the novel situation before us where the plaintiff learns of the occupationally related disease before knowingly suffering its severe effects." (Velasquez, at p. 887.) Applying the discovery rule, the court held: "A brief explanation of findings and prognosis by the examining physician is necessary before it can be asserted that the patient has 'discovered' a latent or progressive disorder which has not, in all those years of exposure, caused noticeable harm. Where the physical manifestations have not yet occurred, discovery must mean a reasonable knowledge that they are likely to occur." ( Id. at p. 889.)