Maria Rodriguez — ADJ6692602

Maria Rodriguez sustained an industrial injury on November 13, 2008 while working as a housekeeper, with a 2012 Award finding injury to multiple orthopedic body parts and psyche (but not sleep disorder) and awarding 57% PD. She filed a Petition to Reopen for new and further disability on June 13, 2013, but the WCJ dismissed it under Labor Code section 5410, finding orthopedic AME Dr. Craemer's reporting (which found no interval change) to be substantial medical evidence and that applicant failed to prove new and further disability within five years of injury. On reconsideration, the Board affirmed, holding applicant did not establish a demonstrable change in condition caused by the original injury within the five-year period. The Board clarified that while timely filing a petition confers jurisdiction to decide the issue beyond five years, applicant still bears the burden to prove new and further disability arose within the five-year period. The Board also held the right knee surgery and alleged diabetes aggravation were not causally linked to the industrial injury, and the sleep disorder claim was barred by res judicata.