Gonzalo Cervantes — ADJ14929271

Applicant Gonzalo Cervantes, a cook for Volunteers of America, claimed a specific industrial injury on April 6, 2021 to his lumbar spine and left knee while carrying/moving heavy containers of meat. Defendant denied the claim and disputed credibility, the substantiality of the QME's report, and the sufficiency of the overall record. The WCJ issued a Findings and Award finding industrial injury, and defendant petitioned for reconsideration arguing the evidence did not justify the findings. The WCJ recommended denial, finding applicant credible despite inconsistencies attributable to literacy and communication issues, and finding QME Dr. Smith's report constituted substantial medical evidence because his use of 'could' was tied to a deferral to the trier of fact on credibility. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.