Santos Rodriguez — ADJ14381978

Applicant Santos Rodriguez, a cook for CDCR-CMC, suffered a massive lumbar disc herniation on September 24/26, 2020, while stirring a 120-gallon pot. The employer terminated IDL and refused temporary disability after its self-selected physician, Dr. Herron, found the applicant maximally medically improved on February 10, 2021, with a 25-lb lifting restriction, despite the applicant being unable to return to his cook job. The WCJ awarded temporary disability from February 10, 2021 through January 25, 2022 based on treating physician Dr. Patel's reporting. Defendant petitioned for reconsideration, arguing Dr. Patel's reporting was not substantial evidence due to an inaccurate history and that the applicant's procurement of lighter work (DoorDash, sales desk) abrogated the duty to pay TD. The WCAB adopted the WCJ's Report and denied reconsideration, finding Dr. Patel's reporting constituted substantial evidence and that any inconsistencies were de minimis and corrected at deposition.