Victor Ruttman vs. CY Property Management, Employers Compensation Insurance Group

The defendant sought reconsideration of a WCJ's decision which found that the applicant sustained a low back injury arising out of and in the course of employment (AOE/COE), along with specific earnings and indemnity rates, and that a late cancellation fee was incurred unreasonably by applicant's counsel. The defendant contended the WCJ erred in finding an industrial injury, arguing the PQME found it an exacerbation of a pre-existing condition, thus not compensable. The Appeals Board denied the petition for reconsideration, agreeing with the WCJ that medical evidence and uncontradicted testimony supported a finding of aggravation, not mere exacerbation, thereby satisfying the definition of a specific injury under Labor Code section 3208.1 due to the need for medical treatment and resulting disability.