Zurek, Jack

Jack Zurek, employed as a food/bakery worker while incarcerated during a cumulative period ending July 16, 2021, was found to have sustained an industrial injury to his abdomen in the form of a hernia. Defendant County of Sacramento (permissibly self-insured) sought reconsideration, arguing that PQME Dr. Michael S. Klein's opinions did not constitute substantial medical evidence, primarily because there were no contemporaneous records documenting the hernia and some records suggested the recurrence may have predated the employment. The WCAB denied reconsideration, holding that Dr. Klein's opinions constituted substantial medical evidence and that the WCJ properly credited the applicant's history of his work duties. The Board emphasized that work need only be a contributing cause and that aggravation or 'lighting up' of a preexisting condition is compensable.