Gonzalez, Nidya

Applicant Nidya Gonzalez worked for Sizzler from 1986 to 2020 in various roles including server, waitress, kitchen worker, and general manager, and claimed a cumulative trauma injury to multiple body parts. The WCJ found injury to the thoracic spine, lumbar spine, shoulders, elbows, wrists, knees, ankles, and feet, awarding 95% permanent disability, and rejected defendant's statute of limitations and post-termination defenses. Both parties sought reconsideration: defendant on statute of limitations, post-termination defense, and substantial medical evidence grounds, and applicant on a clerical age-adjustment error in the PD rating. The Board denied defendant's petition, holding the section 5412 date of injury was June 7, 2023 (when Dr. Rubanenko first explained the cumulative trauma to applicant), and granted applicant's petition, correcting the rating error and amending the award to 100% permanent total disability based on Vigil addition of opposite/corresponding extremities. The Board also corrected the earnings finding to $1,272.03 per week based on estoppel from the prior C&R involving the same parties.