Emily Berrett — ADJ18291836, ADJ17467273

Applicant Emily Berrett sought reconsideration of a WCJ's Findings of Fact and Order that found she did not sustain injury AOE/COE, that her claim was barred by the Labor Code section 5405 statute of limitations, and that her testimony was not credible. The WCJ based the take-nothing order largely on a negative credibility assessment stemming from applicant's six-year delay in filing, failure to report the injury to HR, lack of corroborating witness testimony, and medical records denying work-relatedness. The Appeals Board granted reconsideration, finding the WCJ's credibility determination may not be supported by substantial evidence because applicant's testimony appeared unrebutted and unimpeached, and witnesses who merely 'do not recall' cannot rebut that testimony. The Board further found the WCJ misstated the law regarding how an employer receives notice of injury (actual or constructive knowledge) and failed to properly evaluate tolling under Mihesuah, Reynolds, Martin, and Carls. The Board deferred a final decision pending further review and potential development of the record.