Marco Magana — ADJ11110715

Applicant Marco Magana, a truck driver, claimed back injury during employment from July 2011 through July 2014. The WCJ found no injury AOE/COE based on QME Dr. Schopler's reports. The Board found Dr. Schopler's reports inconsistent and not substantial evidence because the doctor repeatedly 'apportioned' a small percentage of disability to an industrial injury while also concluding 0% industrial impairment, and never clearly determined whether applicant sustained a specific injury, a cumulative trauma injury, or both. The Board emphasized that causation of injury differs from causation of permanent disability, and that an employment activity causing temporary disability or need for medical treatment constitutes an industrial injury even without permanent disability. The Board granted reconsideration, rescinded the F&O, and remanded for further development of the record, instructing the parties to obtain a supplemental report from Dr. Schopler clarifying whether applicant sustained a cumulative injury and the period of injurious exposure.