Juarez, Jose

Jose Juarez alleged a back injury on June 16, 2020 while driving a truck when an attached trailer uncoupled and struck the vehicle during his employment with Vellutini Corporation dba Royal Electric Company. The sole issue at trial was compensability, which defendants disputed. The only medical evidence was three QME reports from Dr. Norman Banks, whose final report concluded that the medical evidence produced was insufficient to substantiate the claimed injury, citing inconsistent injury dates, absence of contemporaneous medical records, first symptom mention not until March 2021, and possible subsequent-employment causation. The WCJ found applicant failed to meet his burden of proving AOE/COE through substantial medical evidence and also could not afford applicant full credibility based on multiple inconsistencies. The WCAB denied reconsideration, adopting the WCJ's report and reasoning while clarifying that liberal construction does not extend to ignoring the employee's statutory burden of proving industrial injury.