Home/Case Law/DAVID GARCIA vs. WESTERN TILE & CARPET, INC.; TONY DELANZO dba T.D. TILE; GOLDEN EAGLE INSURANCE COMPANY, Administered by LIBERTY MUTUAL INSURANCE COMPANY
Regular DecisionReconsideration

DAVID GARCIA vs. WESTERN TILE & CARPET, INC.; TONY DELANZO dba T.D. TILE; GOLDEN EAGLE INSURANCE COMPANY, Administered by LIBERTY MUTUAL INSURANCE COMPANY

Filed: Sep 27, 2012
San Francisco
ADJ3399165 (SDO 0332865)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for removal and denied his petition for reconsideration. The WCAB found that the applicant's claim for a compensable industrial injury to his lungs and respiratory system, including Valley Fever, was not supported by substantial medical evidence. The WCAB adopted the workers' compensation judge's report, which found the applicant not credible, and noted that the applicant's petition exceeded page limits and contained unprofessional attacks on the judge. The WCAB admonished the applicant's counsel and indicated potential sanctions for future violations.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for removal and denied his petition for reconsideration. The WCAB found that the applicant's claim for a compensable industrial injury to his lungs and respiratory system, including Valley Fever, was not supported by substantial medical evidence. The WCAB adopted the workers' compensation judge's report, which found the applicant not credible, and noted that the applicant's petition exceeded page limits and contained unprofessional attacks on the judge. The WCAB admonished the applicant's counsel and indicated potential sanctions for future violations.

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