Applicant Jose De Jesus Ortiz claimed a cumulative trauma injury during his employment with 3 Amigos Market from July 1, 1994 through October 19, 2018, after which he worked for All-Time Maintenance. The WCJ found the legal date of CT injury fell within December 2, 2019 through November 2, 2020, making All-Time Maintenance the only liable employer, and ordered applicant take nothing against 3 Amigos Market. On reconsideration, the Board first addressed a timeliness/jurisdiction issue under former Labor Code section 5909, holding its time to act was equitably tolled because it did not receive the petition until April 11, 2023 due to administrative error. On the merits, the Board found applicant's section 5412 date of injury was December 2, 2020 (the date PQME Dr. Viswanath reported permanent disability to the hips), and that the record was undeveloped regarding whether applicant sustained one or two separate cumulative injuries. The Board rescinded the F&O, substituted a finding of a December 2, 2020 date of injury, deferred the separate-injury issue, and returned the matter for further development of the record.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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