Santiago Guajardo — ADJ11854966

Applicant Santiago Guajardo alleged a new injury to his back, ankle, and lower extremities on August 18, 2018, sustained while receiving a back injection authorized as medical treatment for a prior 2007 industrial back injury (ADJ599430). The parties litigated only the issue of 'employment,' and the WCJ found applicant was not an employee of Kelly Services on the 2018 date of injury, dismissing the application. On reconsideration, the Board concluded that the dispositive question was not 2018 employment status but whether the 2018 injury was a compensable consequence of the 2007 industrial injury under the 'quasi-course of employment' doctrine. Relying on Laines and Weitzman, the Board held an injury occurring during medical treatment for a prior industrial injury arises out of and in the course of the original employment. Finding the record undeveloped on the nature and circumstances of the claimed injury, the Board rescinded the F&O and remanded for further development, including returning the 2007 case to calendar.