Navarette, Ernesto

Applicant Ernesto Navarette, a detailer, sustained a specific back injury on June 17, 2019 and a cumulative injury to his back and right shoulder during the period June 17, 2019 through June 28, 2021. The WCJ issued two separate August 19, 2024 decisions awarding 104 weeks of temporary disability for the cumulative injury and finding no temporary disability for the specific injury. Defendant petitioned for reconsideration arguing the WCJ misinterpreted the medical evidence (particularly QME Dr. Abitbol's reports), failed to consider Dr. Anand's reporting, and ignored precedent that no temporary disability is owed when an applicant is terminated for cause. The Board granted reconsideration, found the temporary disability findings were properly based on Dr. Anand's and other treating/QME reports, and held that the termination-for-cause defense did not apply because defendant could not accommodate applicant's restrictions. The Board rescinded both inconsistent orders and substituted a single Joint Findings and Award, making no substantive changes to the WCJ's TD determination.