Hernandez, Hector

Defendant Koos Manufacturing/Safety National (administered by Tristar) petitioned for reconsideration of a WCJ finding that applicant Hector Hernandez, a tailor of nearly 20 years, sustained a cumulative trauma injury to the neck, bilateral upper extremities, shoulders, and upper back through repetitive sewing-machine work. Defendant argued applicant's testimony was not credible and inconsistent with industrial injury, and that the legal date of injury under Labor Code section 5412 was 2016, barring the claim under the statute of limitations. The WCJ found injury based on the QME and treating physician reports supported by objective findings (EMG/NCS and MRI) and rejected the statute-of-limitations defense, finding the date of injury was February 24, 2021, when Dr. Dorian first opined industrial causation and declared TTD. The Appeals Board adopted the WCJ's report, gave great weight to the credibility determination, and denied reconsideration. The Board also addressed the timeliness of its own action under amended section 5909, finding the petition was timely acted upon within 60 days of the September 17, 2024 transmission.