Ramirez, Marlena

Applicant Marlena Ramirez filed three consolidated cumulative trauma claims against three successive employers, and the WCJ found a single cumulative injury to the wrists, neck, thoracic spine, and lumbar spine ending September 27, 2019, with 33% permanent disability, additional temporary disability, and further medical treatment. The WCJ set the Labor Code section 5412 date of injury in 2016 and found temporary disability payable at $407.22 per week. Applicant sought reconsideration solely challenging the temporary disability rate. At trial the parties had stipulated that if the date of injury were found to be 2016, the correct TD rate would be $407.22 per week. The Board denied reconsideration, holding that applicant was bound by her stipulation, failed to show good cause to disregard it, and waived the earnings issue by not raising it at trial.