Cabrera, Agustina

Defendant petitioned for reconsideration of the Appeals Board's August 12, 2024 decision denying reconsideration, contending the Board reviewed the wrong evidentiary record because the decision contained an erroneous paragraph referencing doctors (Dr. Lyons and QME Dr. Tribble) and a psyche injury that had no relation to this case. The Board granted reconsideration, acknowledged the clerical error, and rescinded its prior decision to reissue a corrected version removing the erroneous paragraph. On the merits, the Board confirmed it reviewed the correct record and that PQME Dr. Allen Fonseca's reporting—supported by applicant's uncontroverted testimony—constituted substantial medical evidence establishing a cumulative trauma injury. The Board reaffirmed the WCJ's findings that applicant sustained industrial injury to her neck, low back, bilateral shoulders, bilateral wrists, and bilateral hands, with a date of injury of 11/7/23 under LC 5412, and that the claim was not barred as a post-termination claim under LC 3600(a)(10). The Petition for Reconsideration filed July 11, 2024 was ultimately denied.