Gutierrez, Maria

Maria Gutierrez, a packer for Omega Extruding, claimed cumulative injury to multiple body parts during employment from October 2014 to March 2016, and filed her claim after being laid off on March 29, 2016. The WCJ found industrial injury to neck, back, left shoulder, left finger and right foot, found the claim was not post-termination barred, awarded temporary disability from April 7 to December 1, 2016, and found 12% permanent disability after apportionment. Defendant sought reconsideration arguing the claim was barred under Labor Code section 3600(a)(10), that medical evidence only supported cervical/lumbar spine and left shoulder injury, and that applicant voluntarily removed herself from the labor market. The Board affirmed the F&A but amended it to find industrial injury only to neck, back and left shoulder, set the section 5412 date of injury as April 7, 2016, and deferred the issues of injury to other body parts, permanent disability, apportionment, and attorney's fees pending further development of the record. The Board held the claim was not post-termination barred because the section 5412 date of injury post-dated the layoff and Omega had notice of the right foot injury, and affirmed the temporary disability award.