Joe Gamboa — ADJ11791173

Applicant Joe Gamboa, a machine operator who worked over 35 years for Saint Gobain Containers, filed a cumulative trauma claim in December 2018 (after retiring 12/31/13) alleging injuries to his left shoulder, bilateral knees, and bilateral hearing loss from repetitive overhead arm work, climbing catwalks, and noise exposure. The WCJ found industrial injury AOE/COE based on QME reports from Dr. Graham (orthopedic) and Dr. Rubenstein (hearing), rejected defendant's statute of limitations defense, and excluded Dr. Rubenstein's 4/13/20 supplemental report obtained after the close of discovery. Defendant sought reconsideration arguing no AOE/COE, statute of limitations bar, and error in excluding the late QME report. The WCAB adopted and incorporated the WCJ's report, gave great weight to the WCJ's credibility determination under Garza, and denied reconsideration.