Hsin Chun Tsai — ADJ21943588

Applicant, a licensed vocational nurse alleging a cumulative trauma injury ending December 3, 2025, sought reconsideration of a WCJ's June 15, 2026 Findings and Order that denied application of the Labor Code section 5402(b) presumption of compensability and validated defendant's orthopedic QME panel over a later chiropractic panel. Defendant had issued a denial notice dated January 9, 2026, which contained a transposed date of injury (12/30/2025 instead of 12/03/2025). Applicant argued the typographical error rendered the denial defective, triggering the 5402(b) presumption and invalidating the QME panel. The Board held the transposition was a harmless typographical error, that a denial notice is not required to list a date of injury, and that the relevant inquiry is whether liability was rejected within 90 days—which it was, as evidenced by applicant's own use of the denial letter to obtain a chiropractic panel by February 3, 2026. The Board denied reconsideration, upholding the orthopedic QME panel and rejecting the presumption.