Leyva Torres, Maria

Maria Leyva Torres claimed a cumulative trauma injury to her neck, back, right knee, right upper extremity, and right foot during employment as a sanitation banker ending July 21, 2022. The WCJ found no industrial injury and issued a take-nothing order, relying on the QME report of Dr. Eli Ziv, who could not find medical evidence of cumulative trauma given that the records supported only a 2018 specific injury (never claimed) and a non-industrial motor vehicle accident occurring four weeks after termination. The applicant sought reconsideration, arguing the burden was on the defendant to disprove injury and that Dr. Ziv's reports were not substantial evidence. The WCAB denied reconsideration, adopting the WCJ's Report, reaffirming that the burden of proving industrial injury rests on the applicant and that the WCJ's credibility determinations are entitled to great weight. The Board found Dr. Ziv's opinions constituted substantial medical evidence and the applicant offered no contrary evidence.