Salvador Pineda — ADJ13520237

Applicant Salvador Pineda, a 32-year machine operator, claimed a cumulative trauma injury to multiple body parts and psyche. The WCJ found injury AOE/COE but barred the claim under the post-termination defense of Labor Code section 3600(a)(10). On reconsideration, the Board rescinded the F&O, finding the WCJ failed to identify specific injured body parts and misapplied the section 5412 date-of-injury analysis. The Board held the section 5412 date of injury was September 1, 2020 (when applicant was first placed on temporary disability by chiropractor Torres), which post-dated the August 11, 2020 termination, so the post-termination defense failed. The Board found injury to the neck, shoulders, wrists/hands, and back, deferred psychiatric injury for development of the record, and rejected applicant's section 5402 presumption argument.