NIDYA GONZALEZ vs. SIZZLER USA ACQUISITION, INC., PREFERED EMPLOYERS INSURANCE COMPANY

Applicant Nidya Gonzalez and defendant Sizzler USA Acquisition, Inc., insured by Preferred Employers Insurance Company, both sought reconsideration of a WCJ's Findings of Fact and Award (F&A) from February 27, 2025, which found applicant sustained a cumulative injury with 95% permanent disability. Defendant contended the claim was barred by the statute of limitations and post-termination defense, and that Dr. Rubanenko's reports lacked substantial medical evidence, while applicant contended a miscalculation in permanent disability. The Appeals Board denied the defendant's petition, finding the claim was not barred and Dr. Rubanenko's reports constituted substantial medical evidence. The Board granted the applicant's petition, amending the F&A to set applicant's earnings at $1,272.03 per week, resulting in a temporary and permanent total disability rate of $848.20 per week, and increasing the permanent disability to 100% based on an age adjustment correction and the application of the Vigil decision regarding overlapping impairments.