Serrano, Elvia

Applicant Elvia Serrano, a cook, filed a cumulative trauma claim against both Jack In The Box, Inc. (JITB, the corporate entity) and TBS Foods, Inc. (TBS, the franchisee), alleging injury to her psyche and multiple orthopedic body parts. The WCJ found a compensable psyche injury AOE/COE against both employers as 'concurrent' employers but deferred findings on the orthopedic claims pending further development of the record. TBS petitioned for reconsideration, arguing that any psyche injury arose solely from applicant's employment with JITB. The Appeals Board granted reconsideration, finding that the 'concurrent' employment stipulation appeared questionable (the testimony suggested sequential rather than concurrent employment), the record lacked clear dates and a period of injurious exposure, and the medical and testimonial evidence suggested applicant's psyche injury related only to her JITB supervisor. The Board amended the F&O to defer all AOE/COE findings (psyche and orthopedic) pending further development of the record and remanded.