Johnnie Gray — ADJ13224343, ADJ13001359

Applicant Johnnie Gray sustained a serious industrial injury (face, left kidney, lower back, traumatic brain injury) while working for the City of Santa Cruz on 11/22/19, returned to part-time modified work, and then aggravated his lower back while pushing a heavy cart at 7-Eleven on 2/10/20. The WCJ found applicant sustained industrial injury AOE/COE to his back at 7-Eleven and that this injury, combined with the City of Santa Cruz injury, caused temporary disability from 2/10/20 through 9/11/20, with Ace American (7-Eleven's insurer) jointly liable. Defendant 7-Eleven sought reconsideration arguing the WCJ erred in finding industrial injury, relying on QME Dr. Holmes' deposition statements that it was 'speculative' to determine injury. The Board denied reconsideration, adopting the WCJ's Report, finding that Dr. Holmes' deposition, read in full context, supported an industrial injury and that defendant had misstated his testimony. The Board declined to address clerical errors in the Minutes of Hearing since reconsideration lies only from a final order.