Paleo, Violeta

Applicant Violeta Paleo, a caregiver/delivery driver, claimed cumulative injury to her bilateral knees while employed by Seenager (2018–mid 2020) and Pacifica Senior Living (October 2020–June 2022). The WCJ found a single cumulative injury from November 18, 2019 to March 23, 2022, and determined the last year of injurious exposure under section 5500.5 was March 23, 2021 to March 23, 2022. Pacifica sought reconsideration, arguing there were two separate injuries or alternatively a section 5412 date of injury of December 2, 2019. The Board affirmed the finding of a single cumulative injury but held that the WCJ improperly conflated the 'last year of injurious exposure' with the section 5500.5 one-year period of liability. The Board rescinded the F&A, substituted a finding of a single cumulative injury, and deferred the last date of injurious exposure, the section 5412 date of injury, and section 5500.5 liability, remanding to the trial level.