Guadalupe Gutierrez — ADJ10656647, ADJ10656667, ADJ13080462

Applicant Guadalupe Gutierrez, a cemetery groundskeeper for nearly 40 years, claimed a cumulative trauma (CT) injury to his back in ADJ10656647, in addition to an admitted specific injury of April 12, 2015 (ADJ10656667). The WCJ found the CT compensable but fixed the section 5412 date of injury and section 5500.5 injurious exposure period as April 12, 2015, based on a specific-injury rationale, and issued a joint and several award including AFH (2014 carrier). On reconsideration, the Board rescinded the F&O and held that under AME Dr. Campbell's uncontroverted opinion the last date of injurious exposure was April 27, 2016, and that the section 5412 date of injury was February 3, 2020 (when Dr. Campbell first characterized the injury as CT). Because the resulting 365-day liability period ended April 27, 2016, outside AFH's 2014 coverage year, the Board removed AFH from the award and substituted an award against the employer and ICW jointly and severally. The Board rejected ICW's argument that applicant's section 5500.5(c) election against AFH relieved ICW of liability, affirming that deferral of contribution/benefit administration issues was proper.