Mark West — ADJ13928802

Applicant Mark West, a Storm Water Utility worker for the County of Sacramento (permissibly self-insured), claimed a cumulative trauma injury through October 27, 2020 to his lumbar spine and bilateral shoulders. After trial, the WCJ found industrial injury supported by PQME Dr. Stuart Rubin's report and determined Occupational Group Number (OGN) 560 was the appropriate modifier based on applicant's credible testimony that his job duties included manually clearing heavy debris from homeless encampments. Defendant petitioned for reconsideration, arguing the shoulder injury finding lacked evidentiary support, that OGN 560 was inappropriate (asserting OGN 480), and that the QME report was not substantial evidence because applicant allegedly never reported shoulder symptoms to his treating physician. The WCAB adopted the WCJ's report and denied reconsideration, finding the QME report constituted substantial evidence and that applicant did report his injury to a Kaiser treating physician (Dr. Nguyen).