Anne Merino — ADJ14007595

Applicant Anne Merino, a Ventura County firefighter, claimed a cumulative trauma injury to her left hip while also having a separate accepted heart claim (ADJ13371154) and a prior resolved right hip specific injury. The WCJ found a left hip cumulative trauma injury with temporary disability and section 4850 benefits, and defendant sought reconsideration arguing all injuries should be one continuous trauma, that the section 5412 date of injury must be April 11, 2019 (last day worked), and that applicant could not receive additional section 4850/TD benefits beyond 104 weeks. The Board granted reconsideration but largely affirmed the substantive results, rescinding the F&O and issuing a new decision finding the section 5412 date of injury for the left hip is March 5, 2021 (the first date of disability for the hip). The Board held the claim was not barred by the statute of limitations, that the left hip is a separate and distinct injury from the heart claim under the anti-merger statute (section 3208.2), and that applicant could receive section 4850 benefits for the left hip notwithstanding prior receipt for the heart claim because the disability periods did not overlap. The Board awarded temporary disability from March 5, 2021 to present and continuing, less credit for advanced disability pension payments and a 15% attorney fee.