Ruiz, Evangelina

Evangelina Ruiz, a legal assistant, claimed a cumulative trauma injury (August 22, 2013 to August 22, 2014) to her head, neck, circulatory and respiratory systems from alleged mold/black water exposure while employed by uninsured defendant Carter & Carter, APLC. After a Riverside Superior Court granted summary judgment against Ruiz in her parallel negligence/premises liability suit (affirmed on appeal), the WCJ tried only defendant's motion to dismiss and found her comp claim barred by res judicata. The Appeals Board, on reconsideration, rescinded the F&O, holding that trying only the dismissal motion was akin to a prohibited summary judgment under Rule 10515 and denied applicant due process by foreclosing her opportunity to establish her prima facie claim. The Board further found the record inadequate to determine the res judicata/collateral estoppel defense and remanded for development of the record, recommending an AME because Dr. Chan's reporting was deficient.