Ayala, Juan Manuel

Applicant Jose Manuel Ayala, a truck driver employed from June 4, 2004 to October 7, 2021, claimed a cumulative trauma injury to multiple body parts. The defendant sought reconsideration, arguing the cumulative injury period should end October 7, 2020, that applicant's date of knowledge was October 2020 (barring the claim under the statute of limitations and as a post-termination claim), and that applicant's testimony was not credible. The WCAB granted reconsideration to clarify the F&O, but rescinded and substituted new Findings of Fact affirming the WCJ's substantive decision. The Board found the section 5412 date of injury was October 26, 2021—when applicant was first advised by Dr. Rubanenko that his disability was industrial—and held the claim was not barred by the statute of limitations or as a post-termination claim. The Board gave great weight to the WCJ's credibility determination favoring applicant.