Ramirez De Zarate, Angelica

Applicant Angelica Ramirez De Zarate, a 53-year-old certified nursing assistant, claimed a left knee injury on September 15, 2023, when she participated in a folkloric dance at her workplace. The WCJ found the injury arose out of and in the course of employment (AOE/COE) and was not barred by Labor Code section 5400, deferring nature and extent of the injury. Defendant XL Specialty Insurance Company petitioned for reconsideration, arguing the QME reporting did not support industrial causation and that the claim was barred for late notice. The Appeals Board denied reconsideration, adopting the WCJ's Report, finding the WCJ's credibility determination was entitled to great weight and that defendant failed to prove actual prejudice from late notice. The Board also declined to impose sanctions under section 5813 despite noting some of defendant's arguments appeared specious.