Ricardo Cervantes — ADJ12262190

Applicant Ricardo Cervantes, a bricklayer, claimed a specific injury to his left knee and left leg on January 27, 2019 (amended at trial to January 23, 2019) when he slipped and fell carrying a 60-pound block. The WCJ found applicant did not sustain injury AOE/COE and ordered he take nothing, relying heavily on adverse credibility findings and on witness statements (Exhibits C, D, and E) admitted without the declarants testifying. The Appeals Board granted reconsideration, holding that injury is a medical determination requiring substantial medical evidence, which was absent because no QME had been obtained. The Board further held that admitting the witness statements without allowing cross-examination violated applicant's due process rights, and concluded applicant had met his burden of proving timely notice prior to termination. The F&O was rescinded and the matter returned to the trial level to develop the record by obtaining a comprehensive medical-legal evaluation under sections 4060 and 4062.2.