Esperanza Lucia Melendez (Dec.) — ADJ2126841, ADJ1993389

Esperanza Melendez (deceased) sustained an admitted industrial injury on July 19, 2004 to her right shoulder, low back, and psyche while employed as a janitor. After a 2014 Board decision found no injury to her right ankle (the only contested body part at that time), the WCJ in 2021 found additional industrial injury to her left shoulder and chronic regional pain syndrome. Defendant sought reconsideration, arguing res judicata, collateral estoppel, and Labor Code section 5804 barred these new findings because they came more than five years after the date of injury and after the 2014 decision. The Board affirmed, holding collateral estoppel did not apply because the left shoulder and CRPS issues were never litigated or decided in the prior proceeding, and that under section 5803 continuing jurisdiction, compensable consequence injuries relate back to the original injury even beyond five years. The Board also found defendant waived its objection to the reformulation of trial stipulations by failing to object on the record.