Peters Zayerz — ADJ12970080

Applicant Peters Zayerz sustained an industrial injury on January 24, 2020 while employed by OC 405 Partners JV, insured by Liberty Mutual. The WCJ found injury to the left upper extremity including CRPS type I, awarded temporary disability and further medical treatment, and found the post-termination defense under Labor Code section 3600(a)(10) inapplicable. Defendant sought reconsideration, arguing the WCJ improperly awarded temporary disability and medical treatment that were not placed at issue at trial, erred in finding CRPS, and erred in rejecting the post-termination defense. The Board granted reconsideration and amended the decision to delete the findings and award of temporary disability and further medical treatment because those issues were not noticed at trial, violating due process. However, the Board affirmed the findings of industrial injury to specific body parts (an issue subsumed within injury AOE/COE), the CRPS type I diagnosis as supported by substantial medical evidence, and the inapplicability of the post-termination defense based on the WCJ's credibility determination.