Lopez Tejeda, Manuel

Defendant sought reconsideration of a January 27, 2025 Findings and Order in which the WCJ found that applicant's lumbar spine claim was not barred by the statute of limitations and that applicant sustained an injury AOE/COE while working as a burner on June 14/24, 2018. Defendant argued that applicant gave factually incorrect and inconsistent testimony about the mechanism of injury (lifting a heavy machine versus falling and striking his back) and was therefore not credible, and that the October 7, 2022 QME report of Dr. Michael H. Penilla was not substantial medical evidence. The Board upheld the WCJ's credibility determination under Garza and found that minor inconsistencies do not discredit testimony under Albertson's. The Board found Dr. Penilla's report constituted substantial medical evidence and that defendant was charged with notifying applicant of his rights under Reynolds, precluding the statute of limitations defense. The Petition was denied.