Ruttman, Victor

Applicant Victor Ruttman, a 60-year-old maintenance man, injured his low back on May 18, 2023 while lifting a box off a high shelf. The PQME, Dr. Michael Ciepiela, characterized the incident as an 'exacerbation' of pre-existing severe degenerative disc disease, and defendant argued an exacerbation cannot constitute a compensable industrial injury. The WCJ found a compensable specific injury AOE/COE because the incident required medical treatment beyond first aid (partly paid by defendant) and caused a period of temporary disability, meeting the definition of injury under Labor Code section 3208.1. The WCAB denied reconsideration, adopting the WCJ's report and holding that the PQME's 'exacerbation' label was based on an incorrect legal theory and therefore not substantial evidence on that issue. The Board relied on City of Los Angeles v. WCAB (Clark), reasoning that because the incident caused disability and a need for treatment, it was legally an aggravation/injury regardless of medical terminology.