Barraza, Alejandro

Applicant, a drywall installer, claimed a cumulative trauma injury to his low back and circulatory system (hypertension) over the period December 3, 1990 through December 3, 2013, after a prior specific injury (October 7, 2013) was resolved by Compromise & Release. AME Dr. Hatch's reporting and deposition testimony were equivocal as to whether applicant sustained one continuous cumulative trauma ending in 2017 (his last day of work for subsequent employers) or two separate cumulative traumas (one ending in 2013, one ending in 2017). The WCJ found injury through December 3, 2013, but defendant sought reconsideration arguing the evidence showed a single cumulative trauma through 2017. The WCAB granted reconsideration, finding the medical record was not substantial evidence on the number and dates of injury, and that the cumulative injury issue through 2017 had not been set for trial and other potential defendants were not present. The Board rescinded the F&O and returned the matter to the trial level to develop the record and afford due process to all potential defendants.