Leticia Garcia — ADJ11292762, ADJ11292764, ADJ12720128

Applicant Leticia Garcia filed three applications: two on April 26, 2018 (a specific injury and a cumulative trauma through March 9, 2018) and a third on November 8, 2019 alleging a cumulative trauma from August 27, 2012 to November 15, 2017 for psyche and sleep. Defendant sought reconsideration of the WCJ's finding that the November 2019 application was not duplicative. The Board held that the WCJ improperly focused on whether applicant could have a CT ending in 2017 rather than whether she sustained two separate CT injuries, noting that the last date of injurious exposure does not establish a date of injury under section 5412 absent coinciding compensable disability. Because applicant offered no evidence of disability in 2017 (no missed work, treatment, or modified duties), under section 5412 she sustained only one injury. The Board granted reconsideration, rescinded the Findings of Fact, and dismissed ADJ12720128 without prejudice under WCAB Rule 10455, deferring the sanctions issue to the trial level.