Gonzales, Miguel

Applicant Miguel Gonzales claimed an industrial injury to his back, right arm, and right knee while working for Vesta Foodservice. The parties twice stipulated to an August 14, 2019 date of injury, though applicant testified inconsistently and suggested the injury may have occurred on November 14, 2019. The WCJ found injury AOE/COE based on the QME opinion of Dr. Falkinstein and rejected defendant's post-termination defense under Labor Code section 3600(a)(10) because a November 14, 2019 medical record predating applicant's February 2020 termination documented the injury. Defendant petitioned for reconsideration, arguing a trip sheet showed applicant could not have been injured on the stipulated date. The Board denied reconsideration, holding defendant was bound by its stipulation absent good cause and that the pre-termination medical record defeated the post-termination defense.