Filby, Ann

Applicant Ann Filby worked as a lab director embryologist from February 2004 to July 28, 2013, and underwent back discectomy surgery on December 10, 2008, returning to the same job duties thereafter. The WCJ found two cumulative trauma injuries—one ending December 10, 2008, and another ending later—but both applicant and defendant Employers Compensation sought reconsideration arguing there was only one cumulative trauma through July 28, 2013. The Board granted reconsideration, relying on the consistent QME opinion of orthopedic surgeon Dr. Hughes (over the vacillating opinions of Drs. Clarke and Ryan), and found one cumulative trauma through the last date of injurious exposure of July 28, 2013. The Board further found the section 5412 date of injury was August 12, 2013, the date applicant first learned from her attorney that her disability was industrially caused. As a result, the claim was not barred by the statute of limitations or post-termination defense.