Rosa Cervantes — ADJ8578580, ADJ8570120

Applicant Rosa Cervantes sustained an admitted specific injury on September 24, 2010 to both shoulders and lumbar spine, and the WCJ also found a cumulative trauma injury (1999 through September 12, 2012) to both shoulders, lumbar spine, both hands/wrists, and psyche. Both Majestic and North River sought reconsideration of the December 20, 2019 Amended Joint Findings and Award. The Board dismissed North River's petition as untimely (one day late, given mail service in California). On the merits of Majestic's petition, the Board found the WCJ exceeded his authority by determining the Section 5412 date of injury and Section 5500.5 liability allocation when those issues were not framed for decision at trial, and noted an internal inconsistency between the Opinion on Decision (which attributed left shoulder and lumbar disability entirely to the specific injury per Dr. Heskiaoff) and the Findings and Award (which assigned those parts to the cumulative trauma). The Board rescinded the Findings and Award and remanded for a new decision.