Marc Gonzalez — ADJ12915738

Applicant Marc Gonzalez, a Costco warehouse stocker, claimed a cumulative trauma injury to his back and right wrist over the period from 2009 through March 2, 2018. The WCJ found injury AOE/COE based on the reports of treating physician Dr. Offenberger and applicant's credible, unrebutted trial testimony. Defendant sought reconsideration, arguing the treating physician reports were not substantial evidence, that the QME (Dr. Darakjian) reports established no industrial injury, and that Labor Code section 3202 was improperly used to support the AOE/COE finding. The WCAB denied reconsideration, holding that a single physician's opinion may constitute substantial evidence even if inconsistent with other doctors, that Dr. Offenberger's reports were substantial evidence, and that the WCJ's credibility determinations were entitled to great weight. The Board also noted that since substantial evidence supported the award, it did not need to reach the section 3202 argument, and warned that defendant's accusation of physician bias could be sanctionable under section 5813.