Garcia, Raquel

Applicant Raquel Garcia, a 68-year-old tractor driver, worked for Basic American (1996-2000) and successor ConAgra (2000-2005) doing the same work, suffering two specific knee injuries at Basic American and a cumulative trauma to her bilateral hips and knees through 2005. AME Dr. John Lane apportioned 70% of bilateral knee disability to the CT period ending in 2005, making ConAgra liable, but ConAgra/Old Republic disputed liability, the date of injury under Labor Code section 5412, and the permanent disability rating. The WCJ issued a November 21, 2022 Findings and Award, then improperly issued a December 5, 2022 Order Changing Administrators from CIGA to Old Republic/Sedgwick, followed by a January 2, 2023 Order Vacating that order—which was void ab initio because the WCJ had lost jurisdiction under Rule 10961 once the petition for reconsideration was pending. The Board granted reconsideration solely to affirm the Order Vacating (because the change of administrators had been issued without a hearing or due process under Hamilton) and affirmed the November 21, 2022 Findings and Award, adopting the WCJ's report. The Board reasoned that the date of injury under section 5412 did not arise until Dr. Lane's March 2, 2008 report identified the knee CT, and that separate disabilities from a single cumulative trauma are rated together.