Carlos Gamino — ADJ14746138

Carlos Gamino, a 59-year-old maintenance worker for the City of Sacramento, claimed a cumulative trauma injury to his left knee through February 23, 2021. The WCJ found the injury arose out of and occurred in the course of employment (AOE/COE) and that applicant needed further medical treatment, relying on the credible testimony of applicant and the QME reports of orthopedic surgeon Dr. James L. Chen. Defendant sought reconsideration, arguing Dr. Chen's reports were not substantial medical evidence of an industrial injury, particularly given underlying obesity, gout, and degenerative osteoarthritis. The WCAB adopted and incorporated the WCJ's Report and Recommendation, finding Dr. Chen's reports constituted substantial evidence despite the use of the word 'exacerbation,' which the WCJ characterized as a clerical error. The Petition for Reconsideration was denied.