Cuitlahuac Vega — ADJ6890372

Applicant Cuitlahuac Vega sustained an admitted July 2008 industrial injury to his back while working as an automotive technician, which led to 2010 spinal fusion surgery and a cascade of consequential medical and psychiatric conditions. After multiple trial days, the WCJ found injury to the low back, psyche, urological system (voiding and erectile dysfunction), vascular system (hypertension), head/headaches, and sleep, awarding 72% permanent disability plus a life pension. Defendant petitioned for reconsideration, challenging the urological and psychiatric injury findings, the related impairment ratings, and the WCJ's rejection of apportionment. The WCAB denied reconsideration, adopting the WCJ's Report, holding that AME Dr. Wachs's apportionment opinion was speculative and not substantial medical evidence, particularly because the conditions he blamed (hypertension medication, obesity, depression, alcohol use) were themselves compensable consequences of the industrial injury. The Board also found that the physicians, including the PQME psychiatrist Dr. St. Martin, properly reviewed surveillance video and adjusted their opinions, rendering their reports substantial evidence despite applicant's compromised credibility.