Valverde, Adan

Applicant Adan Valverde sought reconsideration of a WCJ's June 10, 2024 Findings and Order that he did not sustain industrial injury during a cumulative period ending August 10, 2019 and was not entitled to the Labor Code section 5402(b) presumption of compensability. The WCAB found the WCJ erred by deciding the issue of industrial injury, which was not expressly listed in the trial minutes, raising due process concerns. The Board also held that the unsigned DWC-1 claim form mailed by applicant's former counsel substantially complied with sections 5401 and 5402, since the statute does not require a signature, and found insufficient evidence of when the employer actually rejected liability. The Board granted reconsideration, rescinded the decision, and returned the matter to the trial level for further development of the record on both the section 5402(b) presumption and industrial causation, including a report from a QME or AME.