Vega, Delfino

Self-represented applicant Delfino Vega sought reconsideration of a WCJ finding that he did not sustain industrial injury to his neck and bilateral shoulders. The WCJ found applicant not credible and relied instead on co-worker Kristen Price's testimony that the gate never fell on applicant, disregarding the QME's industrial causation opinion. The Board majority granted reconsideration, finding that the QME's opinion was not based solely on the fence 'falling' but also on the undisputed struggle to open the unhinged gate, which both applicant and Price described. The Board rescinded the WCJ's decision and found specific industrial injury on February 21, 2022 to the neck and shoulders (ADJ16206424), while affirming no cumulative injury (ADJ16206398) due to lack of supporting medical evidence. Commissioner Razo dissented, deferring to the WCJ's credibility determination.