Nick Markert — ADJ10079862

Applicant Nick Markert, a production welder, claimed a cumulative trauma injury to his left knee ending June 2, 2015, alleging that his employer's mandate to wear rigid steel-toed work boots aggravated a knee condition stemming from a 2012 non-industrial motocross accident. Defendant relied on QME Dr. Post (physical medicine) and QME Dr. Green (internal medicine), both of whom found no industrial causation, and sought reconsideration of the WCJ's Findings of Fact and Award finding AOE/COE to the left knee. The WCAB denied reconsideration, adopting the WCJ's Report, and held that treating physician Dr. Harwood's reports and deposition testimony—stating the work boots worsened applicant's knee biomechanics and were a contributing cause—constituted substantial medical evidence. The Board emphasized that aggravation of a pre-existing condition is an industrial injury and that only a contributing cause is required under South Coast Framing. The Board also credited the WCJ's finding regarding applicant's credible testimony. Reconsideration was denied.