Daniel Modugno — ADJ12496855

Applicant Daniel Modugno, an engineer/AC installer, claimed he injured his low back, shoulders, and cervical spine on August 10, 2019 while lifting a heavy air conditioning unit with the company owner. The WCJ found no industrial injury, deeming applicant's testimony unreliable and the medical histories tainted by his lack of credibility. On reconsideration, the Appeals Board majority rescinded the WCJ's decision, finding the preponderance of evidence—including corroborating witness testimony about the timeline, urgent care treatment, and consistent medical histories—established an industrial injury. The Board emphasized that the WCJ himself acknowledged applicant probably sustained some injury that weekend, and applicant need only prove an employment-related injury occurred on August 10, not disprove a later non-industrial cause. Commissioner Lowe dissented, urging deference to the WCJ's credibility determinations under Garza. The matter was remanded for determination of benefits.