Applicant Maria Garcia, a packer, alleged a cumulative trauma injury (ADJ11380772, May 1, 2017 to July 3, 2018) and a specific injury (ADJ12825012) involving being struck by a forklift and falling pallets. The PTP, Dr. Salomon, only addressed the CT injury, while QME Dr. Yu only addressed a specific injury, which he dated July 3, 2018, though applicant testified at trial the forklift incident actually occurred on August 6, 2017. The WCJ found the medical record required further development since neither report was substantial evidence as to the date(s) of injury, and that the statute of limitations did not bar the specific injury claim under equitable estoppel because the employer failed to provide a claim form or refer applicant for treatment. The defendant petitioned for reconsideration challenging these findings. The WCAB adopted the WCJ's report and denied reconsideration, affirming the Board's authority to amend pleadings to conform to proof and to develop the record.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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