Ricardo Espinoza — ADJ11545203

Applicant Ricardo Espinoza claimed a July 25, 2018 industrial injury to his left knee and left leg while working as a laborer for Henkels and McCoy. The WCJ found injury AOE/COE to the left knee (but not the left leg) and addressed the admissibility of surveillance video defendant sought to use to defeat the claim. Defendant petitioned for reconsideration, arguing applicant failed to prove causation and that the WCJ erroneously failed to admit the video footage. The WCAB affirmed, holding the video was never formally offered (only marked for identification), that formal authentication is not required in WC proceedings, but that the video lacked persuasive weight because defendant could not establish the obscured individual was applicant. The Board found Dr. Miles' report constituted substantial medical evidence supporting industrial causation and found no inconsistencies between applicant's testimony and the medical histories.