EDWARD ZOZOSKY vs. INTERSTATE DISTRIBUTOR CO.; XL INSURANCE COMPANY, Administered by SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board affirmed a finding that Edward Zozosky sustained a right shoulder injury arising out of and in the course of employment, despite conflicting evidence regarding a forceful braking event. The Board found that medical reports from Dr. Kupfer and Dr. Zardouz constituted substantial evidence supporting the injury AOE/COE. While the defendant presented testimony and evidence questioning the mechanics of the alleged forceful stop, the Board gave deference to the administrative law judge's credibility determination of the applicant. However, one Commissioner dissented, arguing that the applicant failed to present substantial evidence of an industrial injury, emphasizing the lack of corroborating medical history and applicant's credibility issues.