Marie Gutierrez — ADJ4503477

Marie Gutierrez, a claims examiner, was found by a WCJ to have sustained a cumulative trauma injury to the spine, upper extremities, lower extremities, psyche, and internal system during a period ending December 31, 2006, with a Labor Code section 5412 date of injury of December 31, 2006, and her claim not barred by the statute of limitations. Defendant Vons sought reconsideration, arguing that applicant's 2008 deposition testimony showed she knew her disability was industrial prior to December 31, 2006, supporting an earlier date of injury that would render her claim time-barred. The Board found the WCJ's Opinion on Decision failed to discuss the impeachment evidence or address the credibility of applicant's trial testimony as required by Labor Code section 5313 and Hamilton v. Lockheed Corp. Because the trial WCJ had retired and could not cure the deficiency through a Rule 10962 report, the Board granted reconsideration, rescinded the decision, and returned the matter to the trial level for further development and reanalysis by a new WCJ.