Fregoso, Audrianna Margarita

Applicant, a medical assistant/scribe for Loma Linda University Medical Center, claimed a specific injury on March 30, 2022 to her left shoulder and cervical spine. The WCJ found the claim presumed compensable under Labor Code section 5402 because defendant failed to submit any evidence of a timely denial, and rejected defendant's post-termination defense under section 3600(a)(10). Defendant petitioned for reconsideration. The WCAB granted reconsideration to amend the findings to expressly include a finding of injury AOE/COE to the left shoulder and cervical spine based on the QME/treating physician's substantial medical evidence, while otherwise affirming the WCJ's determinations. The Board agreed there was no timely denial, that the post-termination defense failed for lack of actual notice of termination, and gave great weight to the WCJ's credibility determinations.