Hortencia Rodriguez — ADJ17474862

Applicant Hortencia Rodriguez, a food prep worker, claimed a specific injury 'on or about January 1, 2021' from a trip-and-fall at Grilled Sandwiches, LLC. The WCJ found injury AOE/COE to bilateral shoulders, upper extremities, knees, cervical and lumbar spine causing 34% permanent disability after apportionment, but made no finding on the tried issues of statute of limitations and post-termination defense. Defendant petitioned for reconsideration challenging the AOE/COE finding and date of injury, the rejection of its affirmative defenses, and the PD rating (arguing the DEU consultative rating of 29% should control). The Board granted reconsideration to amend the findings to expressly state the claim is not barred by the statute of limitations or post-termination defense, but otherwise affirmed the WCJ's decision. The Board credited applicant's unrebutted testimony, found defendant failed to meet its burden on both affirmative defenses, and admonished defendant for attaching prohibited documents and an inadmissible consultative rating in violation of WCAB Rules 10945 and 10166.