De Bartolo, Minerva

Applicant Minerva De Bartolo claimed cumulative trauma injury to multiple body parts during her employment as a driver/dishwasher for Southern California Pizza Company dba Pizza Hut (Feb. 7, 2007 - July 30, 2018). The WCJ found no injury AOE/COE, relying primarily on a finding that applicant was not credible, despite PQME Dr. Georgis's reports finding industrial injury. On reconsideration, the Board held that injury is a medical determination requiring expert medical opinion, and that a WCJ cannot disregard substantial medical evidence based solely on a credibility finding. The Board rescinded the F&O and substituted a new finding that applicant sustained injury AOE/COE to her lumbar spine, deferred the issue of injury to other body parts, and found the claim was not barred by Labor Code section 3600(a)(10).