Warner, Kenyon

Self-represented applicant Kenyon Warner sought reconsideration of a December 13, 2023 decision finding he did not sustain cumulative industrial injuries in two cases (ADJ15378781 for lower extremities ending 9/26/2013, and ADJ13667170 for neck/spine/psyche/hypertension ending 9/28/2020), and challenging the prior 19% permanent disability award for his stipulated July 21, 2013 specific low back injury (ADJ9082866). The WCJ recommended dismissal for three procedural defects (lack of verification, failure to serve lien claimants, and non-compliance with Rule 10974) and denial on the merits. The Board adopted the WCJ's Report but omitted the statement that ADJ15378781 was filed beyond the statute of limitations, noting the WCJ never analyzed the date of injury under Labor Code section 5412 and that the burden of proving the limitations defense rests on defendant. The Board nonetheless affirmed the finding of no industrial injury in ADJ15378781 because there was no substantial medical evidence of cumulative injury, with AME Dr. Scheinberg and QME Dr. Stalberg attributing all disability to the specific 2013 injury. Reconsideration was denied.