Perez, Evelyn

Defendant Antelope Valley Hospital sought reconsideration of the Board's January 13, 2025 decision, which rescinded the WCJ's findings and substituted a Labor Code section 5412 date of injury of May 24, 2022, found the claim timely under section 5405, and deferred the issue of injury to other body parts. Defendant argued the section 5412 date of injury should be April 21, 2016, or alternatively a date before June 19, 2019, based on 2016 orthopedic complaints, a chiropractic finding of limited spinal range of motion, and a 2017 MRI. The Board held that defendant failed to meet its burden of proving applicant knew or should have known her disability was industrially caused, and failed to prove the cumulative injury had ripened into disability before May 24, 2022. The Board emphasized that applicant was never taken off work on an orthopedic basis until May 2018 (for gastrointestinal symptoms) and that no medical reporting connected her orthopedic disability to employment until Dr. Mooney's May 24, 2022 report. The Petition was denied.