Martinez, Sergio

Sergio Martinez, a long-term pest control worker (employed since approximately 1992), claimed cumulative trauma injury to his lumbar spine, bilateral knees, shoulders, hips, and respiratory system during a CT period ending November 1, 2016. The orthopedic injuries were admitted, but defendant Everest National denied the respiratory injury. The parties stipulated PD would rate 89% on orthopedic injuries alone, or 100% if the respiratory system was found industrial. The WCJ found the respiratory injury industrial and awarded 100% PD. Everest petitioned for reconsideration, arguing it was not the liable carrier because applicant's injurious chemical exposure began in the 1990s, decades before its 2015-2016 coverage period, and that no proper date of injury under section 5412 was established. The Appeals Board granted reconsideration and deferred a final decision pending further review of whether substantial evidence supports the finding and whether the record needs further development on the date of injury and period of exposure.