Bustamante, Candelaria

Applicant Candelaria Bustamante, a sewing machine operator employed by Koos Manufacturing for approximately 20 years, alleged a cumulative trauma injury during the period May 29, 2019 through May 29, 2020 to her cervical spine, bilateral wrists, lumbar spine, and bilateral feet. The WCJ found industrial injury based on PQME Dr. Falkinstein's reports and applicant's credible testimony, and rejected defendant's post-termination and statute of limitations defenses, though without formal findings. Defendant sought reconsideration challenging the existence of injury, the date of injury, and the failure to formally adjudicate the affirmative defenses. The Board affirmed the WCJ's finding of injury and rejection of both defenses, holding that the section 5412 date of injury was July 6, 2020—the date applicant first had both disability and knowledge of industrial causation through Dr. Kohanim. Because that date was subsequent to applicant's May 13, 2020 termination, the post-termination defense failed under section 3600(a)(10)(D), and because the claim was filed July 9, 2020 within one year, it was timely under section 5405. The Board amended the F&O to add formal findings on the date of injury and the two defenses.