Aaron Wertz — ADJ13582881

Applicant Aaron Wertz, an assistant manager/mechanic, sustained an accepted industrial hernia injury and a contested low back injury while lifting tires and dumping heavy barrels. The WCJ found the low back injury industrial, relying on the opinions of treating orthopedist Dr. Nadjmabadi over the contrary opinions of PQME orthopedist Dr. Shah, who found no industrial causation because the back pain was not specifically reported until roughly a year after the injury. Defendant sought reconsideration, arguing the WCJ's finding was not supported by substantial evidence and that Dr. Nadjmabadi's report was speculative. The WCAB denied reconsideration, adopting the WCJ's Report, holding that a WCJ may choose among conflicting medical opinions and that the finding was supported by substantial evidence based on the entire record. The Board found Dr. Nadjmabadi's opinion, considered with the treating records and the applicant's credible testimony, more persuasive than Dr. Shah's, which improperly focused on the timing of the first back complaint while ignoring the applicant's documented pain masked by his severe hernia condition.