Agosto Cisneros, Griselda

Applicant Griselda Agosto-Cisneros, a kitchen production worker, sustained an admitted injury to her lumbar spine and right shin on July 27, 2021, when a heavy water cart she was pushing tipped over. The WCJ found her entitled to ongoing temporary total disability (TTD) beginning June 3, 2022, at a rate of $400 per week based on the sole medical report from treating physician Dr. Lance Miller, D.C. Defendant sought reconsideration arguing Dr. Miller's report was not substantial evidence because it disregarded intervening events (a post-injury motor vehicle accident) and challenging the $400 weekly TTD rate. The Board affirmed, holding that defendant relied improperly on deposition testimony not admitted into evidence, that temporary disability cannot be apportioned between industrial and nonindustrial causes, and that defendant was bound by its trial stipulation to the wage and TTD rate. The Board adopted and incorporated the WCJ's Report.