Sarmiento, Frankie

Defendant X-Ray Productions sought reconsideration of a March 5, 2024 Findings and Order in which the WCJ found that applicant Frankie Sarmiento did not sustain a cumulative trauma injury during the claimed period of November 22, 1998 through January 1, 2000. The WCJ relied on applicant's credible testimony that he performed no physical work after his specific November 22, 1998 injury, even though payroll records showed he was paid through approximately June 1999. The Appeals Board granted reconsideration on a preliminary basis, noting uncertainty about whether the record—particularly the medical reporting of AME Dr. Jeffrey Berman—was sufficient to support the WCJ's conclusions or whether further development of the record was needed. The Board deferred issuance of a final decision pending fuller review of the merits and the entire record.